# Am I liable for an injured/dead dog?



## DFJISH (Mar 30, 2009)

I'm involved in _two_ situations with dogs. 
1) I have had exclusive permission to hunt, trap, and snare coyotes on several big adjacent farms. They wanted me to wait until after deer seasons, but now the landowners told me that the same group of hound hunters that have been there for years are working the area again. I met up with them once 2 years ago and notified them that I had snares set for coyotes, but it doesn't seem to make any difference. If I catch one of their dogs in a trap and it is badly hurt OR if I catch one in snare and it dies, am I liable for that? Is there anything I can do to protect myself _in advance_ of catching one of their _trespassing_ dogs?
2) When I got divorced our 120 acre farm was split such that my EX got the house and 18 acres and I got the rest (all wild land). _There is no fence between the parcels._ I call, trap, and snare coyotes on my own land, but my EX has a big dog that wanders all over MY property. I have discussed this problem with her for 2 years and she still lets her dog wander. She has the NERVE to *tell me* to tell her when I will be hunting and where my traps and snares are set. :rant: She apparently thinks that when I'm not hunting or trapping it's OK to let the dog run on my land. Again...is there anything I can do to protect myself from being liable for any harm/death to her dog? :sad:
Thanks for any advice.


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## griffondog (Dec 27, 2005)

I need you to read this then PM me your phone number and I'll give you a call.

http://www.animallaw.info/articles/ddusmianimalcruelty.htm

Griff


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## kingfishcam (Jul 16, 2002)

1) I have no idea on this one.

2) I would have the dog removed by the local dog pound. Maybe after a few trips down to pay a fine and get her dog, she will get the message.


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## rc2125 (Dec 3, 2008)

If its your property, or property you have permission to trap, and you are following all rules and regs, then you are fine. Might have to deal with a pissed off owner that let they're dog go where it should not be, either by accident or knowingly, but that would be they're responsibility or lack of, not yours.


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## sswhitelightning (Dec 14, 2004)

I had exclusive rights to trap on a piece of property at one time, and oddly enough i caught a dog that was out with his owner that was tresspassing. Turned out the tresspasser was an off duty state trooper. He took my trap home to get it off his dog, but he did give it back. He wanted to lecture me about catching his dog but he knew he was in the wrong. I didnt get why he couldnt get a 1.5 leghold off in the field. One other time i caught a beagle in a **** box and the hunter took the dog out of the trap (alive) and left me a note. That was public land and i did feel terrible so i quit fox/coyote/**** dry sets on public land. Tough call just do whats right i guess for your ex,s dog not your ex.


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## FixedBlade (Oct 14, 2002)

1. As long as your snares are set legally you will not be liable.

2. Put a leash on her dog and bring to the humane society.


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## Linda G. (Mar 28, 2002)

I wouldn't think there'd be any injury at all to the dog, much less kill it, if you have your traps and snares set properly and legally. I've caught two dogs in footholds, both had sore toes, but otherwise uninjured. Owners had nothing to say to me, it was their dog that was running loose. As in let out in the middle of the night and left to their own devices all night. And I've never yet killed an animal in a snare-they all had stops on them...


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## Rumajz (Dec 29, 2005)




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## LarryA (Jun 16, 2004)

I have to echo the two post above. I don't see a problem.

Michigan Penal Code Act 328 of 1931, section 750.377a Willful and malicious destruction of property; personalty.

The above law is one of the laws that make shooting a dog potentially a felony. Consider an average **** hound is well worth more than $1,000.00 is were it can turn into a felony. I think if you are legally following the game laws that chances of death are slight. That and the fact you are following the game laws eliminates the willful and malicious part.


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## wetwork (Nov 21, 2009)

Dang Griff, thanks for the lite reading.


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## griffondog (Dec 27, 2005)

wetwork said:


> Dang Griff, thanks for the lite reading.


Welcome to my job!:lol: What district are you in?:tdo12:

Griff


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## wetwork (Nov 21, 2009)

griffondog said:


> Welcome to my job!:lol: What district are you in?:tdo12:
> 
> Griff


I'm in district 15, but I haven't joined (MTPCA) yet, as I have been spending all of my extra money on trapping gear!


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## griffondog (Dec 27, 2005)

wetwork said:


> I'm in district 15, but I haven't joined (MTPCA) yet, as I have been spending all of my extra money on trapping gear!


Your not to far from all my hound runnin cousins in the Onaway, Hawks area. My wifes father lives in Onaway.

Griff


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## CHICKEN MAN (Dec 15, 2009)

You will not be at fault. I deal with this quite often. If your traps are legally set you are fine. The dog is considered to be running at large which is a 90 day misdemeanor (unless in area with local dog ordinance). Any canine has to be under the control of an individual when loose.


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## LyonArmonial (Nov 17, 2008)

Linda G. said:


> I wouldn't think there'd be any injury at all to the dog, much less kill it, if you have your traps and snares set properly and legally...... never yet killed an animal in a snare-they all had stops on them...


i'd have to agree with linda on this one.


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## LarryA (Jun 16, 2004)

Chickenman,

You are correct regarding dogs allowed to run at large. There are exemptions for lost hunting dogs though. That still wouldn't change the fact that willful and malicious intent is still required.


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