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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37884
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Last night, I was in my fenced back yard with my dog when a

Customer Question

Last night, I was in my fenced back yard with my dog when a girl - about 7 - stuck her hand through my fence trying to pat my dog. Before I could stop the little girl, my dog nipped her hand. The little girl was fine - she just had a small wound - but the parents are now saying she needed x-rays, and I sense I may be being set up. My dog has never bitten anyone before...she's very sweet, but territorial, as her breed often is.
Am I liable? Her parents were not supervising the little girl at the time...plus, my dog was behind the confines of my fenced yard. Her parents called the sheriff, who pretty much said the fault lay with the little girl and her parents, but people are so litigious these days, I fear a lawsuit may be coming. Should I be worried?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Expert:  Barrister replied 1 year ago.

If the dog was in your yard and was in a fenced area, then it is the parents who were negligent in not monitoring their child so as to prevent her from sticking her hand into your yard.

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From a purely legal perspective, when the child's hand crossed over the invisible property line, that is a trespass to property and the parents are then liable for trespassing since it was their child.

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So I see no liability here on your part and it was completely the negligence of the child's parents in not properly supervising her that was the cause of the injury.

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thanks

Barrister