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?

True.

Morally in isolation, yes.

But unless we know more details about the specific situation, regarding this dog trespassing, for example is it threatening, attacked, causing damage, soiling, repeated etc.

Or is it a case of the op had rat poison down, then the dog trespassed randomly.

All very different circumstances.

Some plants are poisonous to dogs, does that mean of a dog comes onto a property without permission, ultimately due to lax owners, that the property owner should be accountable. I personally don't think so morally.

I do think that we've gone mad where land owners are accountable for trespassers and criminals on their land.

I know a thief tried to get compensation for an injury caused when he stole from a farm and cut himself on rusty equipment or fence. It's insane!

The dog or person wasn't invited and that should be the end of any potential liability.

I don't know legally but morally I think you should inform your neighbours that the poison is there. If they then don't keep their dog away then it's not your fault. Just like a building site sign saying danger, not safe to enter - then it's not their fault if people do and get hurt.

Make sure the poison is put down properly and not just left around, it's really horrible stuff. Rats don't tend to stay where there isn't food and water so remove any bird feeders, don't have any rubbish around, cut any grass short - do all you can to discourage them as having to put poison down outside really isn't ideal IMO.

Some plants are poisonous to dogs, does that mean of a dog comes onto a property without permission, ultimately due to lax owners, that the property owner should be accountable. I personally don't think so morally.

that is not the same thing at all.

Can't see op coming back

Is this a dog coming onto your land regularly such as your neighbour, who hasn’t renewed the boundary fence between your properties and belonging to them? The answer is still: Yes. It’s your responsibility to secure your property and to ensure the poison is only accessible for the rats (ie vermin).

So basically what happened was I put rat poison down inside an old drain pipe that was around 6ft long: these were blocks of poison. I did originally put some under the decking but the rats are still alive and I seen 2 in my front garden last week so put poison in the front garden under the bushes inside the 6ft drain pipe. For what ever reason perhaps a rat has took a block of poison out of drain pipe and some how this neighbours dog who o caught in my front garden taking a poop stir neighbour stood in the street watching not even bothered had no intention of picking it up the dog then walked into the bushes so I went outside and told her to pick up her dog poop she puts on the language barrier again saying she doesn’t understand then her dog came out the bushes eating something by the time she got it out of its mouth it was almost all gone and we realised it was rat poison. Her dog is very poorly in the vets.

Rat poison has to be in a locked box, so how would this hypothetical dog get to it?

A drainpipe? Seriously? And loose under the decking? Did you warn the neighbour, in advance and then when you saw the dog come into your garden? Yes I think in this case you are very much liable but I can’t believe this is what you’re asking when that poor dog is probably in excruciating pain and it’s owner probably devastated/ worried beyond belief.

What the OP is actually asking is: Is it ok for me to have poisoned this dog, given that I don't like its owner...

I have had pest control out and they are very clear - no poison where other animals can get to it.

And yeah, the rat took the block and dragged it out for the dog to eat - sure that's what happened 😚Big and intelligent bloody rat that ...

How totally irresponsible of you.

you could, and should, be prosecuted.

Rat poison blocks sold in the UK from reputable sources state that they must ONLY be used in conjunction with a tamper proof box.

In a drain pipe that leads to mains drainage?

I can't believe what I'm reading. You put poison in your garden without any consideration of the safety of any other animals - domestic or wild. Just awful.
I would absolutely seek to prosecute so that you could learn never ever to act in such an irresponsible and cruel manner again.
Shocking.

OP seek proper legal advice. Most of the views on here are emotionally charged with no legal basis.

When my ndn told me she was putting poison down for our dcat the police went straight round and had very stern words...

Rats pick up poison and carry it to their nest. The fact you left it in a drain pipe doesn't mean that much as the rats can get it out of the drain pipe and drop it on the way to the nest. I lost one of my own animals that way and will never use poison again, it's vile stuff. I truly hope your neighbour's dog makes it.

You are liable. You did not take adequate precautions to prevent other species consuming the poison. Even if it hadn't been dragged out by a rat (assuming that is what happened), other small animals could have got into the drain and eaten it.

You would be responsible. We have had a council pest controller come round. The rat poison is in a specialist trap that would not be accessible to any pets.

Actually a few of us have signposted the relevant legislation.

If my neighbor's dog kept coming in my garden i'd brain the poxy thing with a shovel !

It always amazes me the things people post in legal matters, when they havent a legal clue.

The Protection of Animals Act

If any person—
(
(b)shall knowingly put or place, or cause or procure any person to put or place, or knowingly be a party to the putting or placing, in or upon any land or building any poison, or any fluid or edible matter (not being sown seed or grain) which has been rendered poisonous,

such person shall, upon summary conviction, be liable to a fine not exceeding [F14level 4 on the standard scale]

[F15 Provided that, in any proceedings under paragraph ( b ) of this section, it shall be a defence that the poison was placed by the accused for the purpose of destroying insects and other invertebrates, rats, mice, or other small ground vermin, where such is found to be necessary in the interests of public health, agriculture, or the preservation of other animals, domestic or wild, or for the purpose of manuring the land, and that he took all reasonable precautions to prevent injury thereby to dogs, cats, fowls, or other domestic animals and wild birds. ]

Well I should think the owner would be feeling pretty guilty for her lack of care. It was only a matter of time before the poor dog was injured in some way if it was left to roam the streets.

OP rat poison is awful stuff and I hope you've made sure the rest hasn't been left lying around your garden. If rats do carry it around though, it could've been brought in from someone else's garden so I don't see how it could be proved who's responsible for the poison.

Poor dog though, at the end of the day it's the one suffering because the humans around it being irresponsible. I just hope the owner is making sure to sort proper vet care...considering the lack of care for their animal they've shown.