Will I be liable for a dog bite to a trespasser? 5 Answers as of December 03, 2010

A teenager was trespassing on my property when my German Sheppard bit him on the wrist. Even though he had been trespassing I agreed to take him to urgent care and to pay the costs of the medical. He only had to get 2 stitches on his wrist. Will I be liable if they decide to sue even though he was trespassing?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
El Dabe Law Firm
El Dabe Law Firm | Edmond El Dabe
Yes, you can still be liable.
Californias Dog Bite Law:Calif. Civil Code 3342.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.

Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following:
1. In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect's involvement in criminal activity.

2.In the investigation of a crime or possible crime.

3.In the execution of a warrant.

4.In the defense of a peace officer or another person.
Subdivision (b) shall not apply in any case where the victim of the bite or bites was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work.

Subdivision (b) shall apply only where a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subdivision (b).Calif. Civil Code 3342.5The owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to remove any danger presented to other persons from bites by the animal.

Whenever a dog has bitten a human being on at least two separate occasions, any person, the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary.

Whenever a dog trained to fight, attack, or kill has bitten a human being, causing substantial physical injury, any person, including the district attorney, or city attorney may bring an action against the owner of the animal to determine whether conditions of the treatment or confinement of the dog or other circumstances existing at the time of the bites have been changed so as to remove the danger to other persons presented by the animal. This action shall be brought in the county where a bite occurred. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary.

Nothing in this section shall authorize the bringing of an action pursuant to subdivision (b) based on a bite or bites inflicted upon a trespasser, or by a dog used in military or police work if the bite or bites occurred while the dog was actually performing in that capacity.

Nothing in this section shall be construed to prevent legislation in the field of dog control by any city, county, or city and county.

Nothing in this section shall be construed to affect the liability of the owner of a dog under Section 3342 or any other provision of the law.

A proceeding under this section is a limited civil case.
Answer Applies to: California
Replied: 12/2/2010
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
if you have homeowners, turn the claim over to them, if not wait until you get sued then hire an attorney to defend you. There are several defenses depending on the situation.
Answer Applies to: California
Replied: 12/2/2010
Law Offices of Mark C. Blane, A.P.C.
Law Offices of Mark C. Blane, A.P.C. | Mark Blane
Maybe. If he was a "foreseeable" trespasser you may be considered to still be responsible. You should definitely speak with your insurance carrier about possible defenses, as they will indemnify and protect you.
Answer Applies to: California
Replied: 9/2/2010
Click to View More Answers: