Trespassing?

[tatabubs]

My eight year old neighbor came over to play with my kids one day. My dog just had puppies two weeks prior. The neighbor boy wanted to see the puppies and came into my home. My dog , the mother of the puppies, felt threatened and bit the boy in his face. She did not attack or anything, just a warning bite. Since he came into my home, without my permission are they able to sue me? This kid has been bittem by other dogs also. I just want to prepare myself if they are able to make a case out of this. The ER doctor didn't give the kid stitches or anything, just some butterfly bandages. It was just a couple puncture wounds and a scrape. I am not justifying my dog's actions but I want to make sure that my "Beware of Dog" sign has a purpose other than so take up space on my fence.

 

[CdwJava]

Did the neighbor child just open up the door and come in? Was he with your kids or followed them inside? Does he frequently do this?

If his coming and going in whatever manner he did was consistent with the usual method, then he did not do anything wrong by coming inside. And, no, it was not likely to meet the legal definition of trespassing for several reasons (age, lack of intent, not being told to leave, etc.) including whatever elements your state law has attached to the offense.

I would say your homeowners or renters insurance might have to be tapped if a claim is made.

- Carl

 

[tatabubs]

He was invited in by my children but I have told him and my children several times I do not want him at my home because I have had many problems with him before.

 

[CdwJava]

He was invited in by my children but I have told him and my children several times I do not want him at my home because I have had many problems with him before.

If he was invited in, he was not trespassing.

- Carl