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Does your neighbor usually come over?
Did he break in?
How did he actually get into the house
In short, you would not be legally responsible if the 15 year old was 1) trespassing, 2) knowingly took the risk of being injured by the dog, or 3) was breaking the law
Otherwise, it is a strict liability tort
and you would be liable
Here is the text of Colorado's dog bite statute, Col. Rev. Stats. sec. 13-21-124 (Civil actions against dog owners):
i am online.he comes over but usually waits outside.he comes over to get his little brother and cousin who plays with my son.on this day he walked in uninvited to get them for dinner but my husband was running down trash and not in the house.my dog bit him severly.
Would you be willing to call the cops on him as a tresspasser?
That would be your only real option of not being liable for these injuries. If you can prove that he had no reasonable expectation that he was invited on the property
And thus he was "unlawfully" on the property
he wasnt expected by anyone and walked in without being invited
See it's the walked in part that is troublesome here. He would argue that he walked in all the time. It was normal.
He had a "reasonable expectation" to be there.
So, had you actually called the cops on him, you would have a strong argument in defense
he was coming to get his brother but wasn't expected and they arn't welcome to come in
So it all comes down to if you told that to a jury, would they believe that he had a reasonable expectation to come into get his brother, or not.
If yes, you are liable. If no, you are not. Does that make sense?
he has only been in about twice and they lived next to us about 2 yrs.
and all the other kids know to knock and wait for us to invite them in
they all know about the dogs.i feel he has some responsibility.
Usually, under a general claim of negligence, you are absolutely right. However, dog bites are a strict liability tort. This means that either you are liable, or you are not. To not be liable, you need to prove one of the above things I mentioned above. Unfortunately, the law states "a person shall be deemed to be lawfully on public or private property if he or she...is on property upon express or implied invitation of the owner of the property or is on his or her own property."
So, you would make the argument that this person was not lawfully on your property (thus you would not be liable), however, they would come back with the fact that they had an implied invitation to be on the property.
Then, it would all come down to what a jury believed.
what would you recomend for us to use for a defense? i understand being outside uninvited but not just walking in to my house.
i would never walk into someones house without expecting consequence.and have taught my children the same.
Do you have home owners insurance?
Then, you would either want to settle this claim for as little as possible, as soon as possible. Or you would want to file a formal tresspass claim against the individual, and argue that this person was not legally allowed on the property. They did not knock on a door. They did not call and say they were coming. They simply "broke in."
That being said, you may want to consider getting an attorney involved to help deal with this for you.
If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.
do you think it is beatable?
I think it is going to be a very hard argument to make, since his brother was inside.
You will need to convince a jury that he did not have an implied invitation to come pick up his brother.
they also claimed it happend outside.i think they feel somewhat responsoble and are trying to cover their butts
Well if it happened outside, then it would be very forseeable that he would be outside to come ring the doorbell to come get his brother. However, since he was inside, you at least have an argument to make.
That he trespassed on your property
But like I said, it comes down to who is on the jury.
So, the best thing you can do, is ask 3 or 4 of your friends how they would decide based on these facts. Keep in mind, that there is no contributory negligence here.
how does the common law work. this caught us all off guard.
Either he trespassed and you are not liable. Or he had an implied invitation, and you are 100% liable
does it sound like he tresspassed?
How did he get through the door?
he opened it and walked in.
I think you can make a solid argument that he did. How did he enter when he came before?
the first time he came in was with his family .they gave us a bed and was bringing it in. the second time i was by the door with it open and he came up the porch to get his brother and asked if he could come in to get him and i said yes.
Has your dog ever bit before?
and those were the only 2 times hes been in . he does not play with my son because my son is only 9. and no my dog never has bit before this is first offense.
If his brother was not inside, I would say you have a very strong argument that he was trespassing.
With his brother inside, however, I cannot tell you definitively how a jury is going to decide on whether or not they would believe he had an implied invitation to come get him.
ok well thank you for your time and expertise.appreciate it.
All I can say is that there is enough facts to limit his recovery to his economic damage consisting of all actual costs of treatment, loss of income, and loss of earning power as a result of disability or disfigurement.
Not a problem. Have I fully answered your question today?
well you helped to give us a better idea of where we stand.
what about the dog he is still in custody.and racking up fees?
Are they giving you a reason why you can't get the dog back?
just going through court process.so i guess no not really.
Because as long as the dog hasn't bitten before or there is an argument that you knew of the dogs dangerous propensity you should be able to get him back
they are saying he is dangerous
So you have tried to pick up the dog and they are telling you no?
waiting for judges decision
You will want to provide proof of vaccinations and proof of a license to the judge. If no evidence exists that the dog has ever been bitten before, you should be able to get him back.
ok thank you again.
you were a great help.
Not a problem. I am glad that I could help. Before you go, please do not forget to provide a positive rating so that I may receive credit for assisting you today.
Good Luck! and have a wonderful rest of your day.
no problem.you have agood day as well.
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