Under Alabama law, dog owners can be held accountable for any personal injury caused by their dogs, including bites and other forms of aggression. In these cases, you may be required to pay medical bills and other costs for the victim. But what if the person who is bitten was trespassing on your property? In this case, the story is completely different.
Defenses Against Dog Bite Liability
In other states, the issue may not be so clear-cut, but in Alabama, the law is squarely on your side. One of the main defenses in a dog bite suit is that the victim was trespassing. Trespassers are specifically named in the law governing dog bite liability and excluded from receiving compensation for any injuries caused by the dog.
To qualify as a trespasser, a person must be on your property without permission, and must not be there to carry out legal duties. For example, a mail carrier could not be counted as a trespasser. However, someone cutting through the property or climbing your fence would count. Your land does not necessarily need to be fenced in or posted to meet the legal requirements. However, these measures make the case clearer and increase the legal penalties for invading your property, so they’re still recommended.
The bottom line is that personal injury compensation is not due to someone who was injured by your dog while on your property illegally. If you’re facing a dog bite suit which meets these standards, talk to your attorney about the trespassing defense.
If you’ve found yourself in a tricky predicament between your dog and a trespasser, The Gil Law Firm, in Dothan, AL, offers experienced legal representation for residents of Alabama, Georgia, and Florida. Rafael Gil III provides expert assistance for personal injury, clients applying for disability benefits, or facing bankruptcy. For a free consultation, contact The Gil Law Firm at (334) 673-0100 or find more information on their website.