If my dog is behind a fence and a person sticks his hand inside and gets bit, is it my responsibility?

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I live in CA
Im thinking of taking my pet dog, and putting him in our work warehouse, where i have a surrounding fence. I’m just wanting to know the liabilities before i do so, the fence is a standard metal fence, so it is possible for someone to physiaclly put their hand through, someone may think the dog is friendly or cute and will try to pet him. i can’t find any legal reference to this in the ca state law that defines dog laws.




6 Responses to “If my dog is behind a fence and a person sticks his hand inside and gets bit, is it my responsibility?”

  1. Poohcat1 says:

    If the dog has a history of biting people, possibly yes. The claim would be that you were aware of the danger he presented and did not take absolute precautions to prevent him from having access to people. A hole in the fence could be seen as not taking that responsibility seriously. However, if the dog does not have a history of biting people without provocation, I doubt if anyone could realistically get away with saying it was somehow your fault. They invaded your property.

  2. Mr. Baron O' beef dip says:

    Most tort laws are tricky, however if the person was not given the permission to be on your property, then you have a chance.

  3. Christopherluver says:

    i dont think so, he shouoldn’t have stuck his hand inside, but then again if you guys dont have a sign saying beware of dog or something, then you might be but then again, he was technically on your property sooo i dont THINK so but you might want to put up a sign, it can be home made, as long as its visable and warns that theres a dog on the property it counts

  4. shoshidad says:

    Possibly.

    How big are the holes in the fence. Is there a notice on the fence that the dog is likely to bite. Has the dog bitten anyone before. Why was the fool putting his hand through the fence. What, if anything, did the fool do to the dog to make it bite.

    If this a real event, you may wish to (1) check your homeowner’s insurance to see if you are covered; and (2) consult a lawyer to whom you can give all the facts in confidence.

  5. RudeAhole says:

    Do you live on Cypress Road in Oakley?

    Is the kid living next to you homeless and using the garage next door as a home?

  6. Jessica says:

    If the person can see the dog, or has reason to believe that there’s a dog behind the fence, then it’s his own responsibility. This is assuming the person is an adult. Kids are generally (and rightfully) considered to have no common sense, and a dog might be considered an "attractive nuisance" or something like that…something that a kid is drawn to, even if it’s dangerous. Other such things are swimming pools and trampolines. A homeowner has to put up ridiculous barriers to swimming pools and trampolines, because the argument is that kids WILL try to get to them and might get injured or killed. I don’t think that this is right, but it seems to be the current legal thinking.

    I hope that you have a "Beware of Dog" sign up, and had it up before the person got bitten.

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