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DrakeLAW
DrakeLAW, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 570
Experience:  Attorney at Drake Law Firm PLC
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If a person comes onto my property to fix an appliance and

Customer Question

If a person comes onto my property to fix an appliance and knows there are big dogs and gets bit by one ,am I responsible since he did not call first so I could lock dogs away.
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  DrakeLAW replied 8 months ago.

Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Under the law, dog owners are "strictly liable" for bites by their dog. That means, liability does not have to be proven, only damages. This is true if the bite happens in public or on the dog owner's property if the person that was bit is legally on the owner's property. A person is legally on another's property if he is on such property upon the invitation, express or implied, of the owner. Assuming you called the repair person to come to the property, the repair person would be legally on the property by your invitation. The case of whether or not he should have called to have the dogs locked away is a tricky one. There is no way someone can tell you what will happen as ultimately a judge will have to make that decision. But that is the only defense you would have: that the invitation to the property included a requirement that the repair person first contact you to lock away the dogs. It will likely matter if the repair person was told of that beforehand.

Thank you for your question. You can still ask clarifying questions if needed until you are satisfied, there is no charge for follow-up questions. It has been my pleasure to assist you and I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question. It is important that you are 100% satisfied with my courtesy and professionalism. Finally, please be so kind as to promptly rate this answer favorably so that I may be compensated and the question may be closed in the system. I wish you the best in your endeavors! –Rich