The second way is that the owner violated a local leash law and mismanaged the dog. There are additional challenges when the bite occurred on someone’s private property and the victim had trespassed. Because of these dog bite laws, it’s important to also consider how premises liability may factor into this type of case.
How Premises Liability Laws Could Impact an Injury Claim
Property owners generally don’t owe a duty of care to trespassers. Therefore, even if a dog was dangerous, trespassing could eliminate the owner’s liability for any resultant injuries.
A possible exception is when a child trespasses because of an attractive nuisance. Abandoned cars or appliances and swimming pools with no fence are examples. If a child ventures onto someone else’s property under these circumstances and is bitten by a dog, it may be possible to file a claim.
With so many complex issues and laws that can affect this type of case, it’s best to consult legal counsel. Jason R. Schultz can help determine your right to file a claim. Call 404-474-0804 to set up a consultation.