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Am I liable for injuries incurred is someone takes a lock off my gate, steps into my backyard and my dog bites them?

Palmdale, CA |

Trespasser did not notify the owner that they were coming.
A resident was on the property, in a detached garage, but did not know the trespasser was entering the backyard until the dog began barking.
The trespasser admitted entering the yard, even though he/she was fearful of the dog, who was barking.

Attorney Answers 5

Posted

Possibly. In California dog bites are generally strict liability; however, there are some defenses to that general rule. You should either consult with an attorney to review the specifics of your case, or turn it over to your insurance company for handling. Best of luck.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Posted

Simply report it to your homeowners insurance carrier to resolve.

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1 comment

Richard Andrew Harting

Richard Andrew Harting

Posted

Generally the law is not in your favor. However,under your facts there may be a good defense. Report this to your insurance and let them handle the matter.

Posted

Mr. Lassen is correct. Turn this over to your homeowner's insurance company.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

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Richard Andrew Harting

Richard Andrew Harting

Posted

Generally the law is not in your favor. However,under your facts there may be a good defense. Report this to your insurance and let them handle the matter.

Posted

Generally the law is not in your favor. However,under your facts there may be a good defense. Report this to your insurance and let them handle the matter.

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Posted

My tentative opinion is to exonerate you and the resident. I wonder if the trespasser was really an express or implied invitee of the resident. Regardless, I wonder what was the trespasser's provable purpose for entering upon your property. You lawfully may use reasonable, even deadly, force to protect your castle and its occupants.

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