Legal Question in Personal Injury in Maryland

Re: Juvenile trespassers injured

Some quick suggestions: a person who has fears regarding specific real property liability should make sure to give notice to all possible persons about the risks (i.e. might send a written notice to neighbors with kids re fence, trees, dogs, etc. --- send that by cert mail return receipt; also might also post signs re "no trespassing, dog warning signs etc")

Also, minimize risks at all junctures by proper maintenance of fences, trees, etc. and proper training of animals --- keep documentation regarding all maintenance and training etc.

Finally, and most importantly, have an atty review the homeowners' policy to be sure that it covers the risks about which there is concern (and obviously, don't trust an ins. agent or the ins company itself to answer such questions).

If there are any coverage gaps, communicate concerns in writing to an agent and request appropriate coverage for the risks.

Please feel free to call if you would like to explore whether I can be of any further assistance.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Re: Juvenile trespassers injured

Your question brings together two issues.

1. Proper notice and trespasser law.

2. Dogs and their use to preclude trespassers.

Maryland law is quite strict in regard to trespassers and the liability of the land owner, land tenant, or land user. Cases exist where children have been harmed and there is no attractive nuisance yet the property owner has been held responsible for harm caused by dogs.

The breed of dog, the specific lay of the land, the community, known children and their propensity, propriety of exclusion (i.e., fences to preclude potential intruders or electronic fences to limit the area of the dogs), local zoning, use of the land, and host of other issues must be addressed.

I suggest you hire an attorney, like myself, who will visit your property, see and know your dogs, and advise you of appropriate action. Liabililty could cost you dearly and insurers may not cover a loss where there is a known peril. Any notice placed must be specifically applicable to the situation.

Joe Holthaus

(410) 799-9002