Legal Question in Personal Injury in Maryland

dog bite

if my neighbor's child gets bitten by my dog...who is in my fenced yard on my property by putting his hand up to our fence...who is at fault?


Asked on 7/09/07, 2:36 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: dog bite

The child's age could be a factor. There is a legal doctrine known as "attractive nuisance", which says that a very young child might be entitled to recover damages if he gets injured under circumstances that an older person would not be entitled to recover because they aren't old enough to appreciate the danger. On the other hand, if the child's parent knew you had the dog and failed to supervise the child, a good argument can be made that the injury resulted from the lack of supervision.

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Answered on 7/09/07, 5:13 pm
Kim Parker Law Offices of Kim Parker P.A.

Re: dog bite

Well it could go either way. In my opinion your defense would be: (1) Contribution by the parent and (2) Failture to supervise. Now if your dog has bitten before and this was the second bite, then yes you could be liable.

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Answered on 7/11/07, 3:30 pm


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