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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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what is my liability for medical bills for when my dog (attacked)

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what is my liability for medical bills for when my dog (attacked) he jumped on him and scratched his chin, a tree service man working for the state, who came on the property uninvited to see about trimming trees along my 700 ft driveway. A report was filed with animal control. HOW TO I PROCEED with him wanting to be paid the remainder of his medical bills that were not covered by ins. He went to the ER to get shots, that he did not need, but he did not know that at the time. I'm worried that paying him would be an admission of guilt, opening the door for more problems.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) Did the man trespass unto your property without permission? It seems he did, but I want to make sure that you never saw him and said "come on" before the dog attacked.
2) Did he taunt the dog in any way?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

my wife saw him in the am after I left and told him we just rescued a dog and NOT to go past the flags of the invisible fence when he returned to see me. we had no appt, he just showed up drove in way past the flags and got out of his truck before i knew it. the dog ran around the house and there he was 10 ft away from a running dog. The dog did not see him untill he was 10 ft. away. he jumped up and his paws hit his chin, i yelled and he went away. As far as taunting the dog, I think he was looking for trouble, he went crying to his boss and put in a comp claim in order to go to the ER. Now he wants me to pay the bill

Thank you, friend.

Here, someone in your situation arguably does not have any liability. Allow me to explain.

People on someone's land generally fall into three categories:

INVITEE - invited by you to do business on the property. A possessor of land has a duty to an invitee to reasonably inspect and maintain the premises in order to render them reasonably safe. Warren v. Stancliff, 157 Conn. 216, 218, 251 A.2d 74 (1968).

LICENSEE - a visitor on private land. The owner owes the licensee a duty of "safe condition." Laube v. Stevenson, 137 Conn. 469 - Conn: Supreme Court 1951.

TRESPASSER - trespassing on the land. If it is an unauthorized individual, then, no duty of safety is owed. Salaman v. Waterbury, 44 Conn. App. 211 - Conn: Appellate Court 1997. As such, it was his own fault (arguably) that he did not get permission before trespassing, and got into a dog's snare. Well, that is why trespassers are not supposed to trespass.

As such, someone in your situation may wish to send him a letter stating just this, and saying that nothing shall be paid. Let me know if you need a sample letter.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 3 years ago.

So your saying, because he did not notify me before he came, even though my wife saw him in the am, he was trespassing. Is that because he went past the flags or because he didn't call, or some other reason? Thanks, Mike.

Friend,

So your saying, because he did not notify me before he came, even though my wife saw him in the am, he was trespassing. Is that because he went past the flags or because he didn't call, or some other reason? Thanks, Mike.

Well, it would be best in someone in your situation to claim that NO ONE saw him until it was too late and the dog had already attacked him. Now, even if she saw him prior, he was still trespassing, but then he can argue that tacit permission was given.

It does not matter what kind of warning sign was on there or whether or not he crossed a visible 'line' to the property. If he was trespassing, you owe him NO DUTY of safety. One may wish to have their version of events reflect the above.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 3 years ago.

Thats the way it was. The dog and i came around the corner at the same time. There was no time to react.

Then you owe him (arguably) no more duty than you would a burglar.

That is why people should knock/call ahead!

Again, let me know if you need a sample letter.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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