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Am I always liable if my dog bit another person or dog?
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Depending on the state you live in, you may have some protection against a dog bite damages claim. Under certain circumstances, you may avoid liability if your dog bit another person or dog. Some of these conditions include:
Trespassing to Taunt
If your dog is in your yard and your neighbor or their dog entered your yard and began taunting your dog, you may not be liable for a dog bite damages claim. Provided that you are able to prove that your dog was properly restrained (e.g. there was a fence preventing him from getting out) and that the neighbor had to enter the property in order to be bitten, you can prevail and win a dog bite damages claim.
Commission of a Crime
Someone who has trespassed on your property during the commission of a crime may not be able to file a dog bite damages claim. Some of this will depend on whether your state requires that you prove they were on your property for the purposes of committing a crime.
Properly Restrained and Warning
If you have properly restrained your dog and you have warned a passerby, they may not be able to file a dog bite damages claim. For example, if you are in a public area and your dog is on a leash and a person approaches them and you warn them that the dog may bite, they may be unable to file a dog bite damages claim depending on the laws in your state.
Contact a Qualified Personal Injury Lawyer
If you are facing a dog bite damages claim, contact a qualified attorney in your area. They can help you determine if you are liable for a dog bite damages claim based on the individual circumstances of the incident. Do not pay a dog bite damages claim without consulting with an attorney first.
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