Is the homeowner liable if a child comes onto their property and is bitten by their dog?

Answer 1

Yes. Dog bite statutes vary from state to state and even cities, but typically, yes, the dog's owner is responsible for the actions of the dog. In some places a history of viciousness is required (they had to have bit someone before). If the child is an invited visitor at the home then the homeowner would be liable. If the child entered the property without permission then the homeowner is not liable. If the homeowner has their property fenced in and a sign "Warning ... Guard Dog" or ANY warming in plain view and a child enters onto that property then it's "trespassing" and it's the parent's fault. If there is no fence and the dog is not leashed then it's the Homeowner's fault. I find this law to be very fair. It's up to parents to be sure their children do not go on private property fenced or not! Why should a dog owner that has a fence up and warning signs around have to have their pet put down because a child entered onto the private property? The dog shouldn't be put down and I would be more inclined to speak with the parents of that child. No one wants to see a child chewed up by a dog, but warning signs are posted for a reason. Just last summer there was a biking trail that had two large signs warning the public to not bike the trail because of bear sightings (cub time.) A woman ignored these signs, surprised a mother bear and the the bear ripped her off the bike and mauled her. Thankfully the woman survived, but she tried to sue Parks and Recreation and didn't have a case because she purposely ignored the posted signs.