In most cases, the answer is no. If a trespasser were to enter a property that contained the home of a guard dog, and was then bitten by the same canine, that trespasser could not get compensated, by submitting a personal injury claim. Still, not every situation is the same. There are times when a trespasser’s bad luck could turn in to good luck, in the form of an unexpected compensation.
Who would qualify as a trespasser?
Someone that had entered a property illegally, or without implied consent
What is implied consent?
That is the knowledge that a given event was possible, and was acceptable. A homeowner should realize that traveling salespersons were allowed to visit the homes on the street where the same homeowner resided. The act of moving into one of the homes on that particular street would qualify as an offer of implied consent, with respect to visits from any salespersons.
How should a property owner respond to discovery of a trespasser’s presence?
He or she should offer the level of care that would correspond to the situation, as per a personal injury lawyer in Kitchener.
Exceptions to rule that denies compensation to most trespassers
If a property owner were aware of the fact that a section of his/her property was used repeatedly as a shortcut, that same landowner would have a duty to post warnings, regarding the dog’s presence.
If the pet canine were known to be a danger to others, then its owner would have a duty to keep the same pet in an enclosed space. Dogs of a specific breed, or dogs that have already attacked and bitten an expected visitor would qualify as dangerous canines.
The above exceptions explain what a homeowner could do, if a pet or guard dog were to bite a trespasser.
Is there any action that the same homeowner would not be allowed to perform? Yes, he or she would be breaking the law by attempting to harm the intruder/trespasser intentionally. In other words, he or she would provide any trespassers with grounds for a lawsuit, by commanding a pet to bite one of the same intruders.
There are other actions, as well, that such homeowners do not have the right to carry out. For instance, none of them would have a legal right to construct a trap, in hopes of catching an intruder, perhaps one that had been bitten by a pet canine.
Finally, a listing of the homeowner’s permitted actions would never include that of wantonly shooting a loaded gun at an intruder. Of course, intruders would not be granted permission to inflict harm on any guard dog that might make an appearance, during the time of the intruder’s journey across the illegally entered property.