If the person knew that there would be a (8 lb) dog in the house, and they take the risk of coming in.. it's their fault right? If it were on public property, or someone else's private property... it seems it'd be different.
2007-08-09 15:55:29 · 11 answers · asked by PlasticTrees 2 in Politics & Government ➔ Law & Ethics
Small bite that caused a bruise. My mini dachshund is highly over protective in his domain.
2007-08-09 15:56:03 · update #1
I don't think anybody admit in public to getting bit by a miniature weenie dog...
2007-08-09 16:03:09 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If you invite the person onto your property, you are responsible for either making sure your dog is friendly, or keeping it safely confined while the person is there. Unless perhaps if you make them sign a waiver, or if they verbally agree to the risks and you have good witnesses to his statements.
And unless you have a fence with locked gates or at least prominently displayed No Trespassing signs, it is automatically presumed that anybody is given consent to come onto your land and walk up to your door in order to visit you. If your dog is running around the property loose and bites the person, you can be held responsible. It doesn't seem to make any legal difference whether you have a Beware of Dog sign or not, that's really only useful for deterring intruders.
One exception where you wouldn't be held responsible for a dog bite is if the person did something stupid and unnecessarily provoked the animal. Dog owners are generally not held responsible if the dog was given some good reason to feel endangered and was only trying to protect itself (i.e. some dumb kid hurts it by yanking on it's ear), or if it was trying to defend it's territory AND the person really had no legal right to be there (such as a trespasser or a burglar).
2007-08-09 17:45:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
you would be liable because you are the owner of the dog and the incident occured on your property. Legally speaking, as the dogs owner you know that the dog is highly protective and could potentially bite someone.
It's not the fault of the person who came over to your house. Even if the incident occured in a public place, as the owner of the dog the responsibilty falls on you.
2007-08-09 17:14:27 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, they can sue, and they might win.
My sister used to have an above-ground swimming pool in her backyard. She had a fenced-in yard, a lock on the fence, and a 'no trespassing' sign posted. The kids next door (around 10 years old) used to climb the fence and go swimming while she was at work. Talking to the parents did no good. So, she talked to an attorney, who told her, despite the circumstances, if one of them got hurt, she could be held financially responsible by the court. So, they removed the pool. Very sad, but true.
2007-08-09 16:14:59 · answer #4 · answered by kp 7 · 0⤊ 0⤋
Yes, unfortuetly,
A similar story:
My dad told me this stor like a while back they were doin construction at some school and late at night some kids snuck into the construction site and they were on the roof and thier was a thin piece of plywood covering were they were gonna ut a skylight and the kid who broke into the construction site fell though it when he walked over the ply wood and ended up hitting the floor in the school and being paralyzed from the waist down, his parents sued the school and the school had to pay the kid a bunch of money.
2007-08-09 16:10:52 · answer #5 · answered by Pat 4 · 0⤊ 0⤋
As long as you are obeying the leash/fence laws with your pet, then if they intrude on your property, they do it at their own discression. I would post a warning sign though for people you know and for the mailman and delivery people. That is only common curtesy and also protects you since when you do invite someone to your yard, then it becomes your responsibility to protect them while they are there from your pets.
2007-08-09 16:05:11 · answer #6 · answered by 'Sunnyside Up' 7 · 0⤊ 0⤋
If the person knew that your dog was a *biter*, you could have a chance of winning. Even then, your case is iffy. The counter argument would be that you allowed a known biter to run free in the house when you invited your guest in.
I assume you did let them in. If not, then you may win this one.
2007-08-09 16:06:53 · answer #7 · answered by robert f 3 · 0⤊ 0⤋
depending on what exactly happend
if you gave the person permission to be on your property..or if it were the mailman, or anyone else that was not a threat to you ..yes they can sue you
if it were someone breaking and entering or someone that was a risk to you or your family, then no..but lawyers always find ways to twist things around..
2007-08-09 16:03:58 · answer #8 · answered by hi_iduntcyber_doyou 5 · 0⤊ 0⤋
This is America, land of the lawyer. Anyone can sue for anything at anytime. Winning is a different issue.
2007-08-09 15:58:54 · answer #9 · answered by hardwoodrods 6 · 0⤊ 0⤋
possibly. You really should've gotten a picture and called an ambulance. By doing that you would have established the severity of the attack and protected yourself.
2007-08-09 16:00:24 · answer #10 · answered by Anonymous · 0⤊ 0⤋