Can I be sued for a dog bite? 26 Answers as of February 17, 2012

I'm not sure but I doubt it because the neighbor's conduct as you've described appears to be riddled with contributory fault or negligence. Arguably the neighbor assumed the liability of being bitten if he engaged the animal. This is a fact specific answer so my answer may change if the facts change in any way.

Probably not. But you need to notify your home insurance company.

If your neighbor did not have permission to be on your property then I do not believe that the person would not have a valid case. In addition if the dog has never should vicious propensities you wouldn't be responsible for the dogs action.

You can be held liable if it can be shown that the dog was vicious; that it bit or threatened someone before or was known to be difficult to control or of a mean temperament.

Heres the applicable statute: Civil Code section 3342(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner. Since the victim came onto your property uninvited hes probably a trespasser. That would be the defense. If you have homeowners insurance it should cover you and pay for any medical expenses for the victim, regardless of fault under the med-pay provisions, assuming your policy has one.

You can certainly be sued (which doesn't necessarily mean that you will lose), however, this part of the reason why people have homeowner's insurance liability coverage. You should turn the incident in to your insurance agent.

The neighbor can sue you but the lawsuit would probably be dismissed and if not, he won't win. Turn any legal papers over to your home insurance company without delay if you are sued. The cost of defending yourself could be more than the claim he is making.

Strange circumstance. Why would a neighbor come to your house in the middle of the night to feed your dog? Never heard such a thing. Jury never has either. If your dog has a vicious propensity you might be sued. Absent that you are probably OK.

In Florida, we have strict liability for a dog bite. However, this case you as the dog owner have taken every reasonable step to protect the person bitten from the dog. If you don't have a sign posted that says "bad dog" then put one up right away....that is a defense to a dog bite. In Florida, however, the only duty you owe to a trespasser on your property is not to intentionally hurt him. I think you have a valid defense to this case.

Whether you may be liable is highly fact-dependant. Your home-owner's insurance can explain it to you without cost.