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Can a person breaking into a store sue the owner if it gets bitten by a dog?
Wiki User
∙ 12y ago
"Can" they sue? Yes. Will they win? Not likely. In fact, in a Motion to Dismiss, the court will probably kick the case out.
A trespasser is assuming the risk of injury. We are protected from liability to those who are not invited onto our premises, in general.
If a person is a defendant in a suit brought by the described plaintiff (robber bitten by dog), his best bet is to file a Motion to Dismiss as well as a Counter Claim for Malicious Prosecution and for Attorney Fees.
Wiki User
∙ 12y ago
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