If a dog came into MY garden and ate rat poison…. Am I held responsible?

[PinkBump2022]

If a neighbour let hers dog roam and it then comes into my garden and eats rat poison and something bad happens to the dog, am I responsible for its death or the owner… or nobody?

I believe you are responsible, as it's your property. The same way a kid getting into a building site and coming to harm would be the fault of the site people and not the parents.
I may be totally wrong though.

I actually think you are probably responsible. Like you shouldn't put glass on top of walls in case it hurts someone.

why?

It's probably not that simple.
Lots of things would be considered eg how the dog got into your garden, whether the poison was there appropriately to deal with a genuine rat problem or wrapped in a piece of bacon in order to poison the dog because its owners aren't keeping it under control, those sorts of things.

Yes you could be. It will depend heavily on the facts, for example whether you’ve taken all reasonable steps to warn people about the hazard and to protect people from it (for example making sure that fences are maintained and that people can’t get into the property) but there’s definitely a possibility that you could be liable yes. It’s called occupiers liability and still applies to trespasses et cetera. Just in case you weren’t aware putting rat poison down can also mean that you poison other animals which eat rats, for example owls, hawks, et cetera so I would definitely think twice about doing it for that reason alone- or if you really do have an issue then call a professional.

I can't see how OP would be responsible no dog should be coming on her property

I think OP is planning to poison her neighbour's dog...
Personally I think putting down poison where there is a risk that someone's pet may suffer is reprehensible.

But it's OP's responsibility to dog-proof the property, surely? Although dog owners are responsible for dog's behaviour, property owners are responsible for anything that happens on their property if it's caused by their actions or lack of care.
If OP has signs up that say 'danger, poison' then maybe that would cover them a bit, but I still think they would be liable.

How is it able to get into your garden?

You can be fined if you cause unnecessary harm to any animal other than the pest the poison is intended for. If a dog has dies from eating rat poison in your garden then you obviously did not take the proper steps to prevent other wildlife from eating the poison.

I was trying very hard not to think that, but it is a concern!

Put the poison in a proper box to protect other wildlife. Or as much as you can, as anything that eats the rat will also be poisoned. Snap traps concealed where the rat travels over your garden are better (half plant pots, wooden boxes etc, need to leave them there unprimed at first so the rat gets used to them as a ‘fixture’).

I think it is contained in the very very long Wildlife & Countryside Act but gov.uk summarises

You can:
only trap or kill permitted animals
use permitted methods to kill animals
only use poison to kill the pests it’s intended for - this will be written on the packaging

You must protect other animals from traps or poison you put down for pests by:
placing lethal traps under cover or so that other animals and birds are not caught
preventing wildlife from eating poison you’ve put down

I'm not a lawyer but I'd say you would need to take reasonable steps to ensure your thresholds are secure before using poison on your property.

I.e. if you're leaving your gate open or your fences aren't secure then you'd probably be liable.

Have you killed your neighbours dog or is this wishful hypothetical?

What about other wildlife? Hedgehogs, squirrels, owls etc. If you're worried about your neighbours dog then you're obviously putting it somewhere that any wildlife can reach and that is totally responsible in my opinion.

I actually know someone who was prosecuted for this and got a significant fine. A neighbour’s dog was repeatedly coming onto his land and causing problems inc worrying sheep. But he was never quick enough to shoot it. So he left rat poison down in his field. The dog ate it and died. Neighbour contacted the rspca who prosecuted. Friend tried claiming he had a rat problem and the court had none of it.

Same! This is very disturbing.

You are unreasonable for using rat poison where an animal as large as a dog could get to it!! It's to be used responsibly, i.e. with a small entrance hole and enclosed so not everything can get at it. You're also bloody unreasonable to be using the stuff in the first place. Such a cruel, prolonged death and then other scavenging birds and animals will also die! If you must kill rats, use instant snap back traps in a very safe space that you know only the rats can get to, not hedgehogs and certainly not a dog!!!!

Yes because you are responsible for controlling poison on your property. Just like you would if a child walked into your garden and ate it.

I'd personally go for something humane but if you must using something like this would be the way to go.. to protect other animals https://www.pest-expert.com/rat-bait-boxes-twinpack-16-p.asp?gclid=CjwKCAjw14uVBhBEEiwAaufYxwfGX6dvtbBOIIYKE0EyKNHk-nL7-03QPlNxq8XEBPQmedexdPcHBoCQ7IQAvDD_BwE

But I'd say yes you are responsible if it's on your land

If you use rat poison, you are responsible for taking adequate precautions to ensure it is not cause harm to any non-targeted species. You are therefore responsible if a dog or any other pet comes onto your land and eats rat poison.

Our dog was poisoned when I was a child. She died a terrible death.
Anyone who does this to an animal is truly evil and has something deeply wrong with them.

Why no mention of potential cats eating it? Seems more likely than a dog. Seems a very specific scenario you are talking about.

Suspect post

Disagreeing with everyone. Our local council pest disposal team put rat poison down in our garden and the neighbours'. I doubt they'd do that if they or we could be held liable for wandering pets.

We have no pet animals but I think the man would have mentioned it if it was likely to be a problem.