If My Dog Bites Someone Who Trespasses, Am I Liable?
As a dog owner, you probably know that some dogs can be quite protective of your family. Should someone come onto your property without your permission, it’s possible that your dog may bite that person. You may be wondering, if my dog bites someone who trespasses, am I liable? Under Minnesota law, if someone is on your property illegally, you are not necessarily liable for the injuries suffered in the bite. However, some of these cases can be quite complex, as exceptions to the law exist.
When Can the Dog Owner Be Held Liable for a Dog Bite Injury Attack?
In Minnesota, the state has a strict liability ruling when it comes to dog attacks that lead to injuries. Even if a dog owner has no idea that the dog would ever bite someone, the dog owner can still be liable for the injuries that someone else suffers.
Some states have a “one-bite rule,” where owners are not necessarily liable when they don’t know that their dog may attack someone the first time it happens. However, Minnesota does not follow this rule.
Should a dog owner’s dog attack someone, Minnesota law requires a few items to be present for the dog owner to be liable.
- The victim was acting normally, rather than provoking the dog.
- The victim was lawfully in the area where the attack took place.
- The victim had permission to be on private property or was on public property.
Because a trespasser would not be on the dog owner’s private property legally, this information could mean that the dog owner is not liable for the dog attack.
Situations Where Someone Who Is Trespassing Could Seek an Injury Award
Because of unusual circumstances, someone who technically is trespassing on the dog owner’s property in Minnesota at the time of the attack may still qualify to seek a financial award for the injuries suffered.
For example, if a small child wanders onto the dog owner’s property and suffers injuries in a dog attack, the law considers the child a trespasser. However, the dog owner could still be negligent by not taking steps to protect children from a potentially dangerous dog.
If the dog has bitten someone in the past, the dog owner must place signs on the property that warn people about the possibility of a dog attack. If the dog owner fails to provide these warnings, it’s possible that the dog owner can be found negligent after a new dog bite injury, even if the victim was trespassing on the property.
Proving negligence in an injury case that involves a dog attack on someone else’s property can be quite complex. A personal injury attorney can provide the advice you need to determine the best actions to take in your particular situation.
Who Could Be Liable After a Dog Attack, Even If the Victim Was Trespassing?
If a trespasser who suffers injuries in the dog bite attack is eligible to seek a financial award against the dog owner, the trespasser also may be able to seek an award against other parties. Some of the people and entities who may be liable after a dog attack include:
- Owner of the dog
- Parents of the dog owner who is a minor
- Landlord for the property if the dog owner is renting
- Person operating a dog walking, dog daycare, or dog grooming business out of a home.
Defending Yourself Against Accusations That You Were Trespassing
If the dog owner’s legal team is trying to accuse you of trespassing before the dog bite occurred, you need to defend yourself. Failing to establish that you had a legal right to be in the location at the time of the dog attack could leave you unable to win a financial award for your injuries.
For example, if you were a guest at the property for a party or for a similar purpose, you were not trespassing. People who need access to the property to do their jobs, such as mail carriers or city utility workers, are never trespassing, either.
What If the Dog Didn’t Actually Bite Someone During a Trespassing Incident?
If you are visiting someone’s property without permission and you suffer injuries in a dog attack – but the dog never bites you – you may wonder if you have a case and who is liable.
The law treats dog attacks and dog bites in a similar manner. If the dog jumps at you or on you and causes you to fall, you could suffer severe injuries. The dog doesn’t have to bite you to cause injuries. Similarly, you could end up with emotional trauma and a new fear of dogs after a dog knocks you down, even if the dog never bites.
As a victim of the attack, you could seek an injury award for these situations, even if you were trespassing at the time of the attack. The same rules regarding trespassing apply to a non-bite attack as to an attack with bites, so you would have to show that the trespassing rule does not apply to you.
Reach Out to Tyroler Leonard Injury Law Today
After you suffer a dog bite injury on someone else’s property, you may believe you have a clear-cut personal injury case and can receive awards for your pain, suffering, medical bills, and lost wages. However, what if the dog owner is claiming that you did not have permission to be on the property? If you suffer a dog bite while you are trespassing, who is liable?
At Tyroler Leonard Injury Law, our dog bite lawyers are ready to represent you as the victim of an attack from a dog. Although accusations of trespassing can complicate the case, our team understands that exceptions to Minnesota statute 347.22 exist. We may be able to prove that you were legally on the property, rather than trespassing, which would make you eligible to receive a financial award.
To learn more about your options for seeking a financial award after you suffer a dog bite attack, call our personal injury attorneys today at 651-259-1113. We offer a free, no-obligation consultation.
Attorney Isaac Tyroler
Attorney Isaac Tyroler has been a strong advocate for injured people his entire legal career. He has a passion for righting wrongs, and he deeply cares about representing injured clients who may feel overwhelmed or uncertain about how to navigate the legal system. He is compassionate toward clients and aggressive with insurance companies and defendants. He is on the elected Board of Governors of the Minnesota Association of Justice (MAJ), the top personal injury lawyers’ group in Minnesota. And is currently the chair of MAJ’s legislative committee. [ Attorney Bio ]
