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Liability for dog on private property

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hawkjm73

Guest
Arizona

An aquantance mentioned it is neccissary to post a "beware of dog" sign on a yard with any dog in it. The reason he gave was that any person, trespassing or not, who should be injured by the dog could sue. I know that anyone can sue over anything, but he also said he'd heard of people winning these cases. Am I indeed liable for injury, due to a dog or any other feature, to a person entering my property without permision?

Jenny Hawkins

P.S. My dog is a Great Dane puppy. He is being trained to absolutly never bite, but dogs are animals and any animal can bite.
 


I AM ALWAYS LIABLE

Senior Member
hawkjm73 said:
Arizona

An aquantance mentioned it is neccissary to post a "beware of dog" sign on a yard with any dog in it. The reason he gave was that any person, trespassing or not, who should be injured by the dog could sue. I know that anyone can sue over anything, but he also said he'd heard of people winning these cases. Am I indeed liable for injury, due to a dog or any other feature, to a person entering my property without permision?

Jenny Hawkins

P.S. My dog is a Great Dane puppy. He is being trained to absolutly never bite, but dogs are animals and any animal can bite.


My response:

While it's somewhat helpful to have such a sign, it's not a complete defense in the event of a dog bite. First, there's always children. Second, there are certain people allowed on your property by "right"; e.g., utilities, mail, firemen, police, etc. Third, even the "average Joe" has a right to be on your property for the sole purpose of coming to your front door to knock; e.g., Jehovah Witness, salesperson, next-door neighbor, etc.

Dog bite cases in Arizona are "strict liability" cases - - meaning that you're on the hook should your dog bite someone who has a lawful purpose on your property. Even some situations involving trespassing will still cause you liability.

IAAL
 
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hawkjm73

Guest
Is there a differentation made between "publicly accessable" areas (front door, utility box, sidewalk) and "private" areas (locked and fenced yard, locked house)?
Can putting up a "beware of dog" sign be seen as admiting, "I think my dog is dangerous, so stay away?" Are there better signs that alert people to a dog's presence without implying a known danger?
Another thing the aquantance mentioned was, in a similar problem, a buglar who, breaking into a house, cut himself on glass from a window he broke. The buglar then won a suit against the homeowners for the injury. Is this a plausable case? If so how can I protect myself against such an event?

Jenny Hawkins
 

stephenk

Senior Member
"Another thing the aquantance mentioned was, in a similar problem, a buglar who, breaking into a house, cut himself on glass from a window he broke. The buglar then won a suit against the homeowners for the injury. Is this a plausable case? If so how can I protect myself against such an event?"

Urban legend. Dont believe your friend.
 

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