If a person is at my home but uninvited and drinking and is asked not to bother my dog but does so anyway, if he is bitten am I responsible for his medical bills?

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If a person is at my home but uninvited and drinking and is asked not to bother my dog but does so anyway, if he is bitten am I responsible for his medical bills?

This person decided to harass the dog causing the dog to bite him; as a result he had to get stitches.

Asked on May 6, 2013 under Personal Injury, Louisiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Ordinarily, a dog owner is liable for injury caused by the dog; however, in your situation if he files a lawsuit against you for negligence, you should assert the defense of assumption of the risk.  Assumption of the risk means he recognized and understood the danger and voluntarily chose to encounter it by antagonizing your dog.  This would provide with you a defense to his lawsuit and liability for the medical bills.

As the owner of the property, you would be liable under premises liablilty for injury occurring on your property to a trespasser, uninvited guest, etc. As mentioned above, your defense is assumption of the risk which you should assert to avoid liability for the medical bills.

 

It would be advisable to notify your homeowner's insurance carrier of this incident.

 


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