, can the trespasser sue you? The property has "NO TRESPASSING" and "BEWARE OF DOG" signs all over the place. This is in No.Cal.
2007-08-20 13:41:29 · 12 answers · asked by Willowjac 5 in Politics & Government ➔ Law & Ethics
Yes the place is fenced in(with a gate)and yes all the signs are totally lit up. And nobody "stumbled" on the place, she climed the fence.
2007-08-20 19:07:08 · update #1
Hell no, what would be the point of a guard dog if it couldn't protect you.Hes lucky he did not get shot.Did CUJO catch a trespasser?
2007-08-20 13:51:50 · answer #1 · answered by LAVADOG 5 · 2⤊ 0⤋
Anyone can sue anyone for anything.
The real question is who is going to win anything.
It depends on how good your lawyer is, how good the crook's lawyer, state laws, how well the signs were lighted at night, whether the trespasser made it into your home or not, how badly hurt the crook was.
The trespasser could claim to have accidentally strayed onto your property at night and not seen any of the signs. Well if the property was fenced, and they had to have climbed over the fence, then that arguement may fail.
Consider the example of persons with guns doing a hold up, in which the store owner shoots back & misses the crooks and hits a store customer. Even though the store clerk shot the customer, the people doing the stick up are held responsible for everyone who got hurt, because they did the conditions that started the violence.
Let's suppose you wake up in middle of nite & there's someone inside your home stealing your stuff ... assuming you are able to get the upper hand, knocking that person out of a window on 2nd or 3rd floor, before calling the police, might seem to be justice.
But with modern police forensics you better be truthful about what happened, because the police will find out what really happened.
2007-08-21 01:07:21 · answer #2 · answered by Al Mac Wheel 7 · 0⤊ 0⤋
Unfortunately they can sue your home insurance. They might not win in court because of all the precautions you took. Where was your dog when this happened? Your insurance company will probably settle. How bad was the person injured? If it were me I'd take it to court. Why was this person on your property to begin with? Lots of questions I would want to know to give an accurate answer.
2007-08-21 00:03:15 · answer #3 · answered by Hakim 3 · 1⤊ 1⤋
If your county has a leash law yes the can sue you if the dog is not kept on a leash or in a fence containment.
2007-08-20 20:51:07 · answer #4 · answered by ♥ Mel 7 · 0⤊ 0⤋
I'm sure you're safe. The law generally doesn't hold a dog owner responsible if his dog defends his property against somebody who wasn't invited in and has no business being there.
2007-08-21 04:33:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes. Anyone can sue anyone for any reason in this nation. Would they win? I hope not, but who knows. Your insurance company would probably settle it before it went to court. And that is a shame. They get what they deserve.
2007-08-20 21:18:19 · answer #6 · answered by mama woof 7 · 0⤊ 0⤋
So you have spotlights on all your signs--it is nite time???
Vicious and Dangerous dog owners get lawsuits dumped on them all the time. For biting people or other peoples animals... Check your home owners policy and see what it says or call your agent..Ask if they are gona pay??? .You are required by law to control and restrain your dog-- call the police or check county codes enforcement...California or Georgia it is no difference
2007-08-20 20:57:04 · answer #7 · answered by Gerald 6 · 0⤊ 0⤋
If there is a leash law in your community, but your property is fenced in, then no, they cannot sue. But if there is a leash law and your property is not fenced in, then yes, they can sue you. It all depends upon the communities leash laws.
2007-08-20 20:53:51 · answer #8 · answered by Lettie D 7 · 0⤊ 0⤋
with all the unfair bad press dogs have been getting I'd still talk to your lawyer even though personally Id back you all the way and in my court tell the shcmuck who chose to ignore your signs to go screw.
blame this on the fault of people who dont bother learning how to control their breeds and kids who CHOOSE to screw around with dogs!
2007-08-20 20:49:59 · answer #9 · answered by Anonymous · 0⤊ 0⤋
no he/ she was trespassing. you are not liable if you did not let the person in. and the beware of dog sign should also save ur ***.
2007-08-20 20:52:21 · answer #10 · answered by acehotel1 2 · 0⤊ 0⤋