What happens if your dog bites a trespasser




















Generally, a homeowner owes a very limited duty of care to trespassers compared with the duty owed to invited guests and other visitors. There are very few situations in which the trespasser will be entitled to any level of legal protection, but let's look at two of the most common. When people trespass on the dog owner's land with a fair amount of regularity a popular shortcut to the ocean runs close to or on the property, for example , then the dog owner's legal obligations to potential trespassers will probably be heightened.

In this situation, the dog owner might be required to post signs warning of the presence of a dog, and if the dog has so-called "dangerous propensities," the animal may need to be kept in an enclosure or otherwise adequately restrained from running free.

While the legal definition varies in each state that has one of these laws on the books, a "dangerous" or "vicious" dog or one with "dangerous propensities" is usually one that has exhibited characteristics indicating the animal is a threat to cause injury to a human being.

A dog's past run-ins with people and even its breed can be considered in determining whether or not a dog is "vicious" or has dangerous propensities. Note that if the dog owner takes sufficient precautionary measures, he or she might not be liable if a trespasser is bitten by a so-called "dangerous" dog. For example, if the dog owner chains the dog inside an enclosure, and posts warning signs about the presence of a dangerous dog, and the trespasser puts him or herself in harm's way, the trespasser probably cannot recover any damages from the homeowner.

In most states, property owners must refrain from engaging in "willful and wanton" conduct that causes injuries to trespassers. This means a dog owner can't go out of his or her way to intentionally cause injury to a trespasser, or create circumstances in which injury becomes likely.

An example here is a dog owner releasing a dangerous dog to run loose on the property after suspecting that a trespasser has entered the land. In states that have a "strict liability" dog bite statute, the language of the law often carves out an exception for trespassers meaning the dog owner won't be liable for injuries to trespassers. In the context of a dog bite case, "strict liability" means that an injured person is not required to show that the dog owner acted negligently i.

If you set your dog to deliberately attack a person or animal you can be sentenced to a maximum of 6 months in prison. If your dog attacks a person, endangering their life or causing death, you may be charged under the Crimes Act and face possible imprisonment of 5 or 10 years jail if your dog: is already a declared dangerous dog. The truth is: If it is the law and you allow your dog off leash, you are breaking a law.

In a civilized society, members do not simply pick and choose which laws apply …. There are several factors that contribute to a dog heart attack , such as a tumor surrounding the heart or blood vessels leading to the heart, blood clots, bacterial infection, atherosclerosis plaque buildup in arteries , and coronary artery disease. Dogs tend to experience panic attacks when they become overly anxious and scared.

This usually boils down to four different factors: confinement, travel, noise and separation anxiety in Dogs. The study concluded that dog attacks were most common with the following breeds:. If a Rottweiler attacks you, stay calm and quiet. Don't make eye contact. If it lunges, ram your knee into its chest. If you're on the ground, protect your vitals.

As far as getting rid of the raccoon, you could try to trap and relocate it, but you really need to know what you're doing. The legislation also makes it an offence if a person is worried or afraid the term is "reasonable apprehension" that a dog may bite them. It is estimated that 1. You can expect to recover damages such as: Medical Expenses: A medical professional should examine your injury.

As mentioned above, Rottweilers and Pit bulls are the second and first most dangerous breeds. What happens if my dog attacks a trespasser? In cases where the person who was bitten by a dog was trespassing, the property owner is typically not held liable for any injuries sustained, even under the strict liability rule.

Ultimately, with very few exceptions, a dog owner is not responsible for a dog bite to a trespasser. If someone was on your property without permission and was injured by your dog, contact an experienced Joplin personal injury lawyer at the Cottrell Law Office either online or by calling our toll free number Wes Cottrell earned his B. He was admitted to practice law in Kansas in , in Missouri in , in Arkansas in , and Oklahoma in Call Today for a Free Consultation Wesley Cottrell Wes Cottrell earned his B.

While these dogs might be able to cause the most amount of damage, many types of dogs have been known to bite humans.

These are some of the breeds that have been linked the most to biting humans:. Although experts say that pitbulls are not naturally aggressive towards humans, this breed has unfortunately been bred in cruel situations where they are encouraged to fight. Plus, because of the strong jaws on pitbulls, when they do bite, they can do a lot of damage.

Staffordshire bull terriers are similar in appearance to pitbulls. They are also similar to pitbulls in the sense that their roots are associated with fighting and baiting larger animals. Although they can make great family dogs when trained well, these dogs are strong-willed and prone to exhibiting aggressive behavior, especially when faced with a threatening encounter like a trespasser.

Rottweilers are actually ten times more likely to kill a human than the average dog. Rottweilers are also more likely to kill other animals than the average dog. Some homeowners actually choose this breed on purpose because they are looking for a good guard dog.

With proper training, experts say they can make loyal pets and great companions.



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