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If A Dog Bites A Trespasser, Is The Homeowner Liable To Pay Damages?

Home > Dog Bites > If A Dog Bites A Trespasser, Is The Homeowner Liable To Pay Damages?

If A Dog Bites A Trespasser, Is The Homeowner Liable To Pay Damages?

Posted on January 26, 2023January 20, 2023 by Blog Author
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A trespasser is someone who enters your property without permission” either out of curiosity or an intent to do harm as per personal injury lawyer in Calgary. Some states have laws making it easier for an injured trespasser to recover damages from a dog owner than it is for other types of trespassers.

Trespasser right to sue dog owner

In the case of an injury caused by a dog bite, you may be sued by the person who was bitten and has suffered damages as a result of the attack. If there is evidence that the dog owner knew or should have known about their pet’s aggressive nature (e.g., from previous incidents), then it may be argued that they should have kept the animal on a leash at all times so as not to put others in danger.

Property owner Duty of Care

The basic rule is that you owe trespassers the same duty of care as you would to a child trespassing on your property. If a dog bites a trespasser, and there is no physical injury to the trespasser, then the dog owner can be held liable for any damage caused by their pet.

In order for someone to be held liable in this situation:

● The trespasser must have been warned of any dangerous conditions before proceeding onto your property.

● The trespasser must have been given time to leave before being bitten or attacked.

● You should make sure they are safe from harm or injury from your dog.

Some states have laws making it easier for an injured trespasser to recover damages from a dog owner than it is for other types of trespassers.

This may be because the law recognizes that a trespasser has no duty to protect himself against attacks by dogs, or it may be because there is simply no legal recourse available in such cases (e.g., if there are no witnesses and/or the trespasser was not injured).

If the dog owner knew or should have known that a trespasser, including one known to be in the habit of entering the property, was likely to be on the property, this exception may apply.

This conduct might include maliciously removing defensive barriers intended to protect a trespasser against dog attacks, or deliberately letting a dog loose if you know the animal will attack trespassers.

If you know your dog will attack trespassers, or if you maliciously remove defensive barriers intended to protect a trespasser against dog attacks, this conduct might include deliberately letting the animal loose.

It’s also illegal for an owner to intentionally cause injury to any person by failing to exercise ordinary care in keeping their dog under control at all times. This includes letting them off leash in public areas where they are not allowed (or otherwise prohibited), as well as other actions like allowing them access into homes without advance notice and without permission from their owners.

As you can see, it’s important to know the rules when it comes to trespassing. If your dog is on a leash and there’s no one around, then you don’t owe any duty of care for them. However, if your dog bites someone who comes onto your property without permission or in an attempt to do harm, then you may be liable for damages in civil court.

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