If you are a homeowner with a dog, you understand your responsibility if your dog bites someone. Even if your dog bites someone inside our outside your home, you can be sued in court.
The American Veterinary Medical Association (AMVA) reports that more than 4.5 million people have been bitten by dogs each year in the United States. Speak with a premises liability attorney from The Cartwright Law Firm, Inc., about your situation today.
The most vulnerable group of people regarding dog bites are children. They are the most common victims who are more likely to become seriously injured. You know the legal consequences when your dog bites someone that should be on your property. But what if your dog bites someone who shouldn’t be on your property?
Types of visitors
When it comes to the standard of care that you owe your visitors, the standard is based on the type of visitor in your home. Three types of visitors can enter your home:
- Invitees. These are the visitors that you invite to your premises. The invitation can be direct or implied. For example, it is implied that the contractor you hired for your home project is allowed on your home, even if they weren’t directly invited.
- Licensees. These are the visitors that you invite to your property outside of business purposes. Your family and friends would be considered licensees. With licensees, you would have to give them consent to visit your property.
- Trespasser. These are visitors that you have not permitted to enter your premises.
What is strict liability?
When it comes to dog liability, California is a strict liability state. Strict liability automatically holds dog owners liable for their dog’s behavior.
Even if your dog isn’t an aggressive breed, you can still be held liable if they bite someone. There are only two factors that must be met for you to be liable through strict liability:
- The victim’s injury happened because of a dog bite
- The victim was lawfully in a private residence or bitten in a public area.
The liability you will be responsible for is based on whether a visitor was lawfully on your property or not.
Duty to each visitor
With each visitor, you only owe a legal duty of care to invitees and licensees. That means that when it comes to your dog, you have a legal obligation to warn these visitors of your dog’s presence and to prevent them from being bitten.
With a trespasser, you don’t owe any legal duty of care. Because you were unaware that the trespasser was entering your property, you don’t have a legal obligation to warn them of your dog. You will not be held liable when your dog bites a trespasser.
Can trespassers still sue?
Trespassers still have the right to sue you for your dog’s injuries. But it will be difficult to prove liability. Because trespassers were not lawfully invited onto your property, they will be responsible for proving that you were negligent and how your negligence contributed to their injuries.
Trespassers who are children
When it comes to trespassers, strict liability usually doesn’t apply. The only exception where you can be held liable for your dog’s injuries to a trespasser is if the trespasser is a child.
If the trespasser is a child, liability may apply on a case-by-case basis. Child trespassers are treated differently than adult trespassers. The courts treat child trespassers with the same duty of care as invitees. That means the same duty of care you would give an invitee must be extended to the child trespassers.
There’s another factor that some courts consider regarding child trespassers. This is the factor known as an attractive nuisance.
Attractive nuisance
An attractive nuisance is something dangerous or appealing to minors that exist on your property. Attractive nuisances include swimming pools, trampolines, amusement park rides, and farm animals.
The child trespasser’s parents can argue that your dog was considered an attractive nuisance. When you have an attractive nuisance, you are responsible for taking preventive measures and keeping it reasonably protected from other visitors, even trespassers.
The child trespasser’s parents can argue that you had an obligation to protect your dog from their child, even though their child was trespassing. If you fail to take the necessary safety procedures, you could be liable for the child trespasser’s injuries.
Dangerous dogs
Another defense the child trespasser’s parents can use against you is the dangerous dog requirement. If the courts consider your dog dangerous, there are certain procedures that you must take.
These procedures could range from keeping your dog in a fenced yard to putting your dog on a secured leash. Animal Control will have to step in if your dog is determined to be a serious threat to the general public. They may have to put your dog down or prevent you from having any dog for up to three years.
No fencing at the property
Even if Animal Control requires you to take certain requirements with your dog, they will not ask that you chain your dog. California law is against fencing dogs for long periods. No one is allowed to tie or chain a dog to a post or gate for more than a short period.
Defining dangerous dogs
California courts define a dangerous dog as the following:
- A dog that has aggressively injured or killed someone without being provoked
- A dog that has forced people to defend themselves from its aggressive behavior
- A dog that bitten someone without being provoked
- A dog that has seriously injured or killed another domestic animal without being provoked twice in the last three years
Schedule a consultation with our experienced team
If a trespasser is trying to sue you for your dog’s actions, contact the experienced attorneys at The Cartwright Law Firm, Inc. Our attorneys are passionate about protecting your legal rights as a property owner. Schedule a free consultation with a member of our team by submitting our contact form today.
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