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

Asked over 1 year ago - 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)

  1. Sean Michael Patrick

    Contributor Level 16

    8

    Lawyers agree

    Answered . 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... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Simply report it to your homeowners insurance carrier to resolve.

  3. William Emil Cassara

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . 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... more
  4. Richard Andrew Harting

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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.

  5. Robert Andrew Michael Burns

    Contributor Level 17

    1

    Lawyer agrees

    Answered . 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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