A kid jumps over a 4 foot fence and gets bitten by a dog in the yard, Is the owner of the house liable?

Lisa

The dog could be considered an attractive nuisance, and in that case, the people might still be liable. They could go after their home owner's insurance. It's the same as having a swimming pool. People should realize that kids might break in to try and go swimming. The reason the tort laws are set up this way is because we have a social policy of taking care of children and children are known to not know better. It would also depend on the age of the child, the kind of dog breed, the statutes in that particular jurisdiction, and other factors as well. It might not seem fair, but children are children. The more steps the owners take to prevent this possible harm, the better their chances for prevailing. But for instances of injury regarding swimming pools for example, there is usually a strict liability for the owners of the pool. With dogs, it varies.

Say it Like it Is :)

It's trespassing the owner should not be liable. But (sigh) in this day and age who knows. I am sure the kid's family could sue and get something. We live in a world overrun by greed.

nas88caror 300 09? way to go BK!

nope he is not liable the dog was fenced in .. and if he decided to do that well let that be a lesson

Artman

Very unlikely, since jumping the fence is treepassing.

The "no trespassing" sign is not required or needed if there is a fence and a closed gate. But it doesn hurt to have one just in case the moron claim "I didn't know I was trespassing when I jumped the fence".

And a "beware of the dog" sign might be advisable just ot be on the safe side.

Mel

Absolutely not.

bud68

Quite possibly. Children are assumed not be legally competent by the law. The dog and low fence qualifies as an attractive nuisance.

Sean r

Sadly it depends on the state and the dog. There is more cry over a pit bull bite than a weenie dog bite even if it is in a fence. They may have the dog put to sleep and sue the owners. It happened in WA state a few years ago when a small child left the house crossed the neighbors yard into the next house got into the fence to play with the puppies in the fenced in yard. The mother dog did what most animals do when they see a stranger approaching her puppies and bit her. The parents sued the dog was put to sleep and the stupid kid and parents who did not watch her got rewarded
I say give the dog a steak, and put the kid on a leash

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