Legal Question in Civil Rights Law in Utah

Re: Trespassing & dog bites

If your dog has vicious propensities, and has bitten someone before and you know of it, you will have real problems if sued. No one is permitted to harbor a vicious animal who is known to cause injury to humans, whether or not they are trespassers.

If the victim was an adult, however, and clearly trespassing, you may have certain comparative negligence defenses which could reduce or eliminate that liability. More facts are needed to make a detailed analysis.

If the victim was a child, your liability will most likely be absolute.

A Personal Injury lawyer or Insurance Defense lawyer in your town can advise you with greater particularity.

Re: Trespassing & dog bites

This answer is predicated on the facts you gave. Different facts could result in a different answer. However, if your dog was secure in your yard, and signs were properly posted, a trespasser would not likely prevail. But there are possible exceptions, such as if your dog has a history of biting others, or if the dog was not properly secured. If your dog is dangerous you must take significant steps to make sure that the animal is kept away from people, such as behind fencing. You may also want to talk to your property insurance company, who can advise you as to what steps they want you to take to preserve your insurance.