Am I responsible for this.....?

Question

Okay, so I have two "Beware of Dog" signs on my fence, on both sides. I let my dogs out to do whatever and a kid decides to jump my fence. He doesn't look to see if the dogs are out or not. He is walking across the yard and my dogs see him. The kid starts to run towards the back fence and doesn't make it. The dogs jump on the kid and start to bite him. Are you responsible for the medical bills? Do you think that I could get sued?
**This is just a hypothetical question. It didn't really happen.**

Hey GORYIOL!

You need to be kennelled. Your answer was very sarcastic and you don't know me or my dogs. Besides I said it was a "hypothetical" question. THIS DID NOT HAPPEN. I was just thinking about that.
Thanks for your 2 cents - I did ask a question, nonetheless, I expect uneducated-dog hater-biased people like you to answer. Have a good day!

AGAIN - THIS DID NOT HAPPEN TO ME!!!!!
Just a thought, hypothetical question....

My dogs are too heavy (not fat just BIG) and lazy to even try to jump the fence. There are dogs behind me too that do jump the fence and their fence is like 6' chain link.

Answer 1

Okay, well.. in this situation if the parents were to try and sue.. (anyone CAN sue at any time for any reason but if they lose they are out quite a bit of money) The odds are that you would not be responsible for the medical bills, there is a fence, signs are posted, the dogs were doing what dogs are MEANT to do.. You never know when the person jumping the fence is going after you either.. So, most likely they'd lose the case.. any child that is wandering the streets should be old enough to understand that trespassing on a property that says beware of dogs is stupid.. not just illegal.. HOWEVER, the downside is they COULD press for a dangerous dog hearing.. and your dog would be taken for a quarenteen period where their behavior is watched.. And some dogs don't do very well in those unknown places with unknown people.. so, you could have legal issues with keeping your dog after the fact.. (and if they are indeed found to be dangerous dogs, it goes in the record.. and there could be ramifications of not only strict control on what you do with the dogs, but your house insurance or renters insurance may very well tell you the dogs have to go.. )

Answer 2

I am pretty sure that you would be liable. My boyfriend and I have a dog, and when we were moving he made sure we didn't move too close to a school. Our dog is very friendly, but he said that if the situation that you described ever happened, we would still be at fault. And about the 'beware of dog' signs, Someone once told me that lawyers will use that against you in court, saying that 'you knew you had a vicious dog, so it is your fault...." etc.

I hope this situation doesn't ever happen. But just in case, I never leave my dog out in the backyard without supervision. Mostly because I live in a bad area, I don't want anyone to steal her. But also so she doesn't jump the fence, or so people don't try to cut through our yard etc.

**I just want to add something. Yes, it is clearly the child's fault, he wasn't paying attention. BUT, if the parents pressed charges and you went to Court, it is possible that they would hold you accountable.

If you are concerned, you should talk to the authorities so you know how to protect yourself and your dogs. You can get locks on your gate, and a "No Trespassing" sign, or a "dog on premises" sign.

Answer 3

Well, this is a double edged sword. Yes, you are responsible for damage your dogs did. But, the kid was also trespassing so a court of law may deem you not responsible. The parents of the kid need to be made very aware that your dogs were within their fenced yard and the boy jumped the fence into the yard with the dogs.

I remember a case of a drunk jumping into the lions cage at a zoo at night. He broke both his legs but was lucky, the lions didn't eat him. He was not permitted to sue the city for his medical bills because he had trespassed and it was all his own doing. Basically that is what happened here.

It will all boil down to the courts decision. I don't know that I would feel like I needed to offer to pay the bills. Did they impound your dogs? If so, you will have bills to retrieve them.

Answer 4

In my opinion? Certainly not! You have warning signs on your fence, And why would he be walking through your yard anyway? Thats sort of trespassing. I don't think you should be responsible, but other people might disagree. Best way is to make sure your dogs wont actually bite unless you give a command. I had a friend who has a guard dog, but all he does is bark and be intimidating, never actually cause harm. But if she told him to, he'd do some damage.

Plus, your dogs are properly contained in a fenced in area, not roaming loose. It was the kids own fault for coming into their territory. If they were running loose, then I'd say yes, it's your fault, but it wasn't.

Hypothetically of course.

Answer 5

Hmm, interesting question.
If I were a kid and saw a "beware of dog" sign, I would think twice about jumping the fence. Face it, no kid is fast enough to try and outrun a big dog.
These days, everyone is "sue crazy". I would definitely recommend checking with your local authorities on if your liable.
As far as if a child is bitten, even after disobeying posted signs, your dogs could be taken and held to ensure they are not rabid. There is nothing you could do to stop Animal Control from taking your dogs. Just an fyi.

Answer 6

Defiantely not responsible! I read some of the other answers and even if the kid could not read, they had no right jumping a fence. That is why people put up fences. To keep something in, or out! I actually had a real situation like that years ago, and one day my dog went after the neighbors kid. Luckily no harm was done, but we found out she had been tormenting him daily and throwing things at him to get him going.

Answer 7

though local city, county and state laws may vary nearly all are predicated on common sense. You jump a fence into someones yard you are trespassing. Consequences suffered fall on the person who violated the law. Most city, county and states require beware of dog signs on private property to avoid the possibility of someone trespassing with pre-warning to possible outcome if they do. You are not legally liable for damages caused to a person who violates and trespasses, especially when signs are posted. Whether the individual can read or not, trespass is trespass and is deemed illegal. I had a situation where a kid was putting his hand through a hole in my fence and poking one of my dogs with a stick. When I confronted the parent on the other side she asked if I was afraid of being sued should by dog bite her kid. I explained that as my dog was in the yard and her kid was putting his hand into the fence onto my property she would be the one liable. With that she realized her error and immediately removed her kid.

Answer 8

I am thinking the hypothetical owner could be found liable because "Beware of Dog" signs could be indicating the dogs are known to be dangerous. "No Trespassing" signs would likely be better, and maybe stickers on the gates and windows of the house to firefighters/police with request to "rescue my (labrador retriever/gsd/) in case of fire"
which would indicate presence of animals.
In my state, if the yard was labeled BEWARE OF DOG and well secured, I am not sure which way it would go now. I'd think it would be hard, in my state (TEXAS) to sue the owner if the yard was locked and well secured and the child was old enough to climb over a well secured yard's fence.
If the gate was unlocked and a child entered, it would fare bad for the owner.
Interesting question!

Answer 9

You have "Beware of Dog" signs but not a "No Trespassing" sign. So you probably will be responsible for the medical bills and possibly get sued. If the kids parents push the issue. I would definitely get some "No Trespassing" signs, so if they trespass into your yard you will at least have some ground to argue with.

Answer 10

I am not a lawyer so not sure who would be to blame legally, but since the kid was trespassing in your fenced in yard and the dog was within the fenced in yard, to my way of thinking, you would not be liable. If your dog jumped the fence and went into another's yard and bit someone of course that would be a different story. The law says we must keep control of our dogs at all times. I do think having a dog safely confined within your yard would qualify as having the dog under your control. The parents did not have their kid under their control.