If I let my dog wander freely in my yard, and he never leaves it's perimeter, and someone crosses into my yard

Question

(cutting through to homes behind us) and my dog bites this person....are we liable?

Answer 1

maybe not maybe liable, need more facts, if you have an area of your property which you know attacks children and the dog would bite the child maybe held liable

also if the person would be right along the property line sees the dog cross off your property the dog follows onto the other property and bites you are liable

Answer 2

PC,
good question! I would strongly recommend that you visit your local City or County website and do a search on leash laws. After completing this, I would also do a search on State laws pertaining to leash laws, biting, property, etc. The reason I would do this is that you can then compare what the State law reads and what your local City/County Ordinances are. I would speculate that there would be language in the State law that would defer to the City/County law that you fall under.

Why is this important? Having full knowledge of both would only serve to protect you and your family from ambulance chasing people/lawyers in the unlikelihood you have to deal with an unforseen event pertaining to your dog and a person that trespasses on your property. Arming yourself with this information will keep the "wolves" at bay and you will be prepared.

People have no right to cut through your yard without your expressed permission.

Have a good day!

Gerry :)

Answer 3

There are several issues to determine if you are liable or not:

1. Is it common practice for persons to cross your yard? If so, then you could be liable. Also if your yard is not fenced, you could be liable even if it is not a common practice for people to cross your yard.

2. Is your yard fenced? If so, then you may not be liable, as a fenced yard indicates generally that traffic through your yard is not condoned or expected by you. You will notice I said "MAY" not be liable.

3. Is your fenced yard posted with "Beware of Dog", "No Tresspassing", or other signage of the same meaning? If so, then you are not liable (with some exceptions---unreadable sign, constantly open gate, etc.).

Answer 4

Jeez..... This is one of those questions where some of the answers are just silly.

First of all the tresspassing thing will never fly. You have to have a fence and signs.

Second. If your dog bites someone on your property YOU ARE LIABLE PERIOD. It matters not about leash laws or anything like that. Its the same as if someone slipped in your driveway and broke their leg.

And third..... if your dog bites a child it will be time to start dog shopping. Animal Control is going to come take your dog away.

Answer 5

Laws vary somewhat among states, but in general: If your land is fenced & the stranger WITHOUT INVITATION opens a gate or climbs the fence to enter & is bitten you are NOT liable. If you invite him inside the fenced area you ARE strictly liable in some states and in some states you are not -- but would be IF you had advance knowledge that the dog was dangerous (such as if it had attacked or bitten others before). Leash laws generally only apply OUTSIDE the owner's property (except in some places where local laws require certain dogs known to be dangerous to be tied down)

Answer 6

A dog that bites is a sure ticket to the court house for a law suite.... The best thing you can do is tie the dog called Rover stationary and then he cannot bite a person in the yard...

Answer 7

I'm not sure, but to cover yourself you might want to put up a sign that says NO Tresspassing and then if it happens, you probably won't be held liable. Also, place another sign that says you are not responsible for injuries to people when tresspassing in my yard.

Answer 8

Just asked my Justice Court husband and he said that if you did not invite them on your property then you would not be responsible they would be trespassing...but if you did invite them then yes you would be.
We have an inside dog though that is subject to biting. I have a sign posted at the front door stating such, and asking to be informed before bringing children inside. My lawyer advised us to do this. To come inside would be "invite" scene..same as on yard.

Answer 9

Is reading comprehension a thing of the past? Where, exactly, in this question does it state that the yard is fenced?

Liability depends on the state in which you live.

Answer 10

No because your yard is fenced in, they person has no right crossing,let alone climbing your fence to cross your yard,he is taking his safety in his hands and if he sues he will lose and incure all court costs,take pictures when this person does this,the judge loves evidence.