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.
Family Law Attorney
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.
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8 lawyers agree
Military Law Attorney
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.
5 lawyers agree
Family Law Attorney
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.