Can I be sued if my dog is tied up on a chain and bites a child?

Question

Garrett S. Handy · Answer

Yes.  In Utah, dog owners are strictly liable for injuries caused by their dogs. The person who was bit may have been a trespasser, which may have some bearing on the case.  But, in my opinion, you are going to be liable if your dog bites someone.

Thomas Patton · Answer

It would depend upon the circumstances. For example, if you are on your own property, have multiple signs warning of your dog, and you are in a rural area with no neighbors nearby and you get an unexpected visit from a child, then no, you probably can't be successfully sued. If, on the other hand, you are at a city park with kids all over the place and you know you have a vicious dog, then yes, you probably can be successfully sued.

Theodore W. Robinson · Answer

Depends upon a lot of facts that aren't in the question. If the dog had a  demonstrated propensity to bite and was tied up near a walkway open to the  public, then yes. If not, then probably not.Speak to a lawyer right away. Good luck.

Robert Lucky · Answer

Yes, you can be sued for pretty much anything. The real question is whether you are liable for the injury and can be found to owe damages to the injured party.  Dog bites in Louisiana are treated a bit differently than most other injury cases. There are several things that should be considered before determining whether you can be found liable. Where was the dog tied?  Does the dog have a history of violence? Was the dog provoked? If violent in the past, was the dog safely out of reach of the public? For a more complete analysis, please feel free to contact my office.

Michael L. Aaronson · Answer

If your dog is a pit bull and you left him chained up on a 50 yard chain on your front lawn then maybe so,  in Texas a dog is given "one free bite" after which you are put on notice that your dog has vicious propensities  if you were negligent in how/where you chain the dog up so that it was possible for him to bite somebody then you may be found negligent by a jury

Francis Paul Hajek · Answer

In Virginia, dog bite cases can be handled successfully.  Our website has a lot of information on these types of cases and you should consult it for more information.  An issue that will be present under the facts as you describe them, is how did the child come to be in the area of the dog.  In other words, who was supervising the child and why did the child get close to the dog.  After considering the facts in this regard, it will be possible to let you know what the possibility of success is for a legal action.

Jared Altman · Answer

Yes. You may be sued. But in New York we have the "One Free Bite" rule. It says that you are not responsible for injuries caused by your dog unless you either knew or should have known that the dog had viscous propensities and then did not protect the public from exposure to the dog.

James Kelaher · Answer

In Florida, we have strict liability that holds a dog owner responsible for a dog bite. If you dog was chained up in your yard and the child goes onto your property and was bitten, then I think you have a valid defense.

Earl Straight · Answer

Yes, you can be sued, but that doesnt mean you are liable or would lose the case.  Your question lacks enough facts for an opinion as to your liability.  Was the dog chained up in a fenced back yard, or was he chained up in an unfenced front yard, and did the chain extend outside your property boundaries?  Was the child supposed to be there, or was he trespassing?  Has the dog ever bitten anyone before?  If you have notice of a claim or lawsuit, you should contact your homeowners insurance as they would be the ones to defend you for this type of claim.

Lawrence Ramunno · Answer

Anyone can be sued, but it does not appear that you did anything wrong. You  should refer this matter to your insurance company.

Josh Lamborn · Answer

Yes. If your dog was chained up in an area that a reasonably prudent dog owner would avoid due to the presence of young children, then you may be held liable for the child's injuries.  The Law Office of Josh Lamborn 820 SW 2nd Avenue, Suite 280 Portland, Oregon 97204 (503) 546-0461 jpl@pdxinjury.com

Mark Leonardo · Answer

It depends where the dog was tied up.  Heres the statute:  Civil Code 3342. (a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.

Vincent Bernabei · Answer

You could be sued.  The law in Oregon is:  To recover economic damages (medical expenses, wage loss, etc.), the plaintiff must prove the following by a preponderance of the evidence:  (1) The defendant was the possessor of the dog; and   (2) The defendant failed to use reasonable care to prevent the dog from harming the plaintiff.  To recover noneconomic damages (pain and suffering), the plaintiff must prove elements (1) and (2), and:  (3) The defendant knew or should have known that the dog would cause the injury if the defendant did not control or confine the dog.

Timothy Klisz · Answer

Yes. You should turn over any claim to your homeowners carrier. It should be covered and they will defend the claim.

Lyle Masnikoff · Answer

Depends on type of dog, what child was doing, and whether you considered negligent. You will probably be responsible but I need more details.

New User · Answer

Yes unless the dog is provoked

Steven Fink · Answer

Yes. CA Civil Code Section 3342 makes the owner liable for any dog bite if the owner's dog bites the victim in a public place or the victim is lawfully in a private place. The fact that the dog was on a chain does not change the liability.

William Allen · Answer

Yes, you can. But, it depends on more specific facts as to whether you will really be held accountable. How old was child? Dog in front yard or back? Yard fenced, etc?

Jeffrey Wittenbrink · Answer

You may be sued by anyone at any time, you may not always be found liable.  Depending on where the dog was located, the age of the child and what the child was doing when the dog bit him, you may or may not be liable.  You should consult an attorney with the specific facts of your case.

Ryan Tomalas · Answer

Yes, you can be held liable for injuries caused by your dog even if your dog is chained at the time of the injury.  In California dog owners are held Strictly Liable for the injuries caused by their dogs; meaning that the owner of a dog is almost always automatically responsible for injuries caused by their dog.  Usually, a dog owner's homeowner's insurance policy extends to cover these types of situations. If a claim is made against you for this incident, you can turn it over to your homeowner's insurance company (assuming you have homeowners coverage) and they should represent you.

Eric Rothstein · Answer

Yes. If you have home owner's insurance you should put your carrier on notice.

Russell West · Answer

You need to check your state's dog bite laws but in most cases you can still be liable if your dog bites a child even though tied up.

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Can I be sued if my dog is tied up on a chain and bites a child?

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