If My Dog Bites Someone Who Trespasses, Am I Liable?
November 14, 2024
According to the old adage, dogs are man’s best friend. Your dog is a pet, a friend, and, in some cases, a guardian. That latter can be comforting, but it can also place you in legal peril. Your dog only has two meaningful ways of protecting your property. It can bark and scare away a potential trespasser, and it can attack the trespasser, usually with its teeth. If the latter happens, you might ask the question, “If my dog bites someone who trespasses, am I liable?”
Pennsylvania definitively answers that question, but like many legal situations, the results at a trial may not be what you expect. To avoid unexpected liability, you should familiarize yourself with state laws and contact an experienced law firm if you find yourself in trouble.
Strict Liability in Dog Bite Cases
Most states either have a strict liability rule for dog bites or require evidence that the dog is already dangerous before the owner becomes liable for its actions. Pennsylvania has a unique dog bite law that splits the difference. According to Pennsylvania law, dog owners are strictly liable for the medical bills of anyone who is bitten by their dog. The owner has to pay your medical bill even if they had no reason to believe the dog was dangerous or prone to biting.
However, this strict liability applies exclusively to medical bills. If you want to get additional compensation for expenses like lost wages or your suffering, you need to file a personal injury lawsuit against the owner. In a personal injury lawsuit, you need to prove that the owner was negligent, as the strict liability provision no longer applies.
Pennsylvania dog owners are strictly liable for paying the medical expenses of anyone their dog bites, even when they had no reason to believe the dog was dangerous.
Trespassing Is an Exception to the Strict Liability Standard
If your dog bites someone who trespasses, you may have a defense against the strict liability standard. The dog bite laws in Pennsylvania make an exception when a dog bites someone who is trespassing. That is an affirmative defense against the strict liability standard and a lawsuit for other damage. However, that means you are facing a new difficulty. Now, you need to prove that the person who was bit by your dog was trespassing.
Trespassing Laws in Pennsylvania
Pennsylvania trespassing laws are similar to laws in other states. While there are several different types of trespassing, the basic definition is met when someone willingly enters or remains on your property, knowing that they are not licensed or privileged to be there. The key element of that definition is that the person must be aware that they are not licensed or privileged to be there. Just because someone wanders onto your property without your permission, that doesn’t mean they are trespassing. They need to know that they are unwelcome.
There are plenty of ways that an unwelcome person could enter your property without being aware that they are unwelcome. Some common examples are:
- A kid runs onto your property to retrieve a ball that they lost control of.
- A door-to-door salesman enters your property to ring your bell after checking to make sure there are no signs prohibiting soliciting.
- A hunter accidentally crosses from public lands onto your property while legally pursuing game.
- A delivery driver approaches the wrong house due to a mistake in writing down the address of a customer.
In all of these examples, the individual isn’t aware that they are trespassing. The kid, for example, is too young to understand the consequences of their actions, even if they know the property belongs to someone else. The others have no reason to believe they are trespassing. Each would willingly leave if informed they were trespassing, but they wouldn’t get that opportunity if your dog bit them before they were informed.
Were you bitten by a dog in Pennsylvania? You may be eligible to receive compensation for your injuries from the owner. Contact Wapner Newman at (215) 569-0900 to schedule a free consultation to discuss your legal options.
Protecting Yourself From Liability if Your Dog Bites Someone Who Is Trespassing
As noted, just because you think someone is trespassing, that doesn’t mean the law considers them to be trespassing. Trespassing involves intent and knowledge. Your dog, however, doesn’t understand subtle things like this and has no way to tell a trespasser that they are unwelcome on the property. This means you are responsible for protecting yourself from the liability that your dog places on you. The following are ways to limit your liability when your dog bites someone who is trespassing.
Place a Fence Around Your Property
The simplest way to ensure that anyone entering your property knows they have crossed a property line is to place a fence around your property. This is particularly helpful if portions of your property touch public land. Until someone is touching your house, they have no way of knowing where your property begins if there isn’t some type of demarcation. A fence makes it clear that the land inside the fenced area belongs to someone else and simultaneously physically prevents unintentional trespassing.
Put Up Signs Warning Against Trespassing
Surrounding your property with a fence is an expensive proposition. You can get a similar effect by placing easily visible “No Trespassing” signs in strategic places around your property. If you go this route, you should also place a sign in front of your home that tells solicitors they aren’t welcome. This lets anyone old enough to read know that they are unwelcome at your home. It might not prevent the mistake made by the delivery driver noted in the example above, but it will prevent the door-to-door salesman from disturbing you or getting close enough to your house to anger your dog.
Limit the Range of Your Dog
As a rule, if you allow your dog to wander around the yard unsupervised, the dog presents a danger to anyone who enters your property. However, this could create liability if your dog bites someone who believes they have a legitimate reason to be on your property. For example, a utility worker may need to briefly walk onto your property to make sure your meter is working properly. They have no intention of trespassing. If your dog has unlimited range within your property, it may attack someone before they can flee.
Putting your dog on a leash can be an effective way to limit the range of your dog. Similarly, if you use an electric fence, you may want to set the boundaries such that the edges of your property (and maybe a safe path to any utility lines) are beyond the reach of your dog. This allows your dog to protect your property while limiting your liability.
Contact a Philadelphia Dog Bite Lawyer Today
If you or a loved one was bitten by another person’s dog, you may be able to get compensation for that harm. The lawyers at Wapner Newman can help you understand your rights.
Uncertain whether you are eligible for compensation? Contact Wapner Newman immediately at (215) 569-0900 to learn about your rights and what the law allows.