It is important to note that dog bite cases can be complicated, particularly when the injured person was present on the property illegally. A dog bite injury can have some of the most nuanced scenarios when it comes to liability involving a trespasser. Knowing homeowner liability in some of those incidents is important for property owners and legal staffs alike. Our dog bite attorney in Los Angeles at Mesriani Law Group has the experience to handle cases who have an unclear or disputed liability.
Homeowner Liability
Also known as the “Dog Bite Statute,” California Civil Code § 3342 provides that if a dog bites a person who is on private property legally or a person who is in a public place, the owner is strictly liable for the damages, regardless of whether the dog had a history of aggression. But this statute likely does not afford the same protection to anyone who is present on the property without permission — a trespasser.
Dog owners have a general duty to use reasonable care to prevent foreseeable harm caused by their dogs, but that duty is often limited with regard to people who enter the property without permission.
Trespassers and Liability
Note: A trespasser is someone who enters someone else’s property without a proper legal right or permission. California law does not usually provide the same level of protection for trespassers as it does for invited guests or lawful visitors.
That being said, homeowners could still be cited if someone can prove that:
- The dog had a history of being dangerous, however, did not have proper restraints on it.
- The homeowner was grossly negligent or acted with willful misconduct
- Not enough warning signs were posted in restricted access areas.
While rare, courts have ruled for trespassers in some instances if the injury was the result of unreasonable or malicious action on the part of the property owner.
Factors Influencing Liability
When it comes to whether a homeowner is liable for a dog bite injury if a person is trespassing, several factors need to be analyzed:
Was the dog previously known to bite or attack others?
- Security measures – Was the dog secured in a yard, kennel, or inside?
- Knowledge of trespass: Did the homeowner know or have any reason to know about the presence of the individual on the property?
- Warning Signs – Were signs like “Beware of Dog” clearly posted?
- Age and purpose of the trespasser — Was the trespasser a child or somebody with limited reasoning ability?
A skilled dog bite lawyer will investigate these factors to ascertain the extent of liability and possible defenses.
Legal Defenses for Homeowners
A homeowner facing a dog bite claim from a trespasser may have several legal defenses available:
- No duty of care: As trespassers are not legally on the property, there is a low duty of care that is owed to them.
- Provocation: If the trespasser provoked the dog, the homeowner might not be deemed liable.
- Assumption of risk: In some cases, the trespasser voluntarily placed himself in a potentially dangerous situation.
- Comparative fault: If the trespasser’s behavior was a contributory factor in the injury, damages might be reduced or eliminated.
At Mesriani Law Group, our aggressive dog bite attorneys will assist you in determining the specifics of your situation and formulate a solid defense in compliance with dog bite legislation in California.
Conclusion
Dog owners now have a legal duty not to allow their pets to harm a trespasser, where the trespasser is a person entering their property illegally, no. But liability isn’t always black and white. If you own a home and have a dog bite claim against a trespassing person doing work on the property, it is important to speak with experienced dog bite lawyers in California who can help protect your interests.
Thus you may reach out to our expert dog bite lawyers in Los Angeles at Mesriani Law Group who cater to the best legal advice and representation. If you have been involved in a dog bite case whether you are the property owner or an injured party, feel free to contact a qualified dog bite attorney today.
