Can Trespassers Sue For Dog Bites In Minnesota?

People get dogs for all different reasons, but one perk of owning a dog is that it can provide some basic or even some advanced home protection. They may bark when someone approaches the door or they may even attack a home intruder, and while their presence can provide a little extra peace of mind to the homestead, they can also cause problems if they bite or injure someone.

If your dog bites someone while you’re taking them on a walk, you’re probably going to be on the hook for some damages, but what happens if your dog bites a trespasser on your property? Can you still be held liable for a trespasser’s injuries? In today’s blog, we explain whether or not a trespasser could sue after a dog bite injury in Minnesota.

Trespassers and Dog Bites – Who Is At Fault?

On the surface, you would think that a trespasser would not be eligible to file for injury compensation if your dog attacks them while protecting your property, but these instances are never entirely black and white. However, let’s take a look at some examples and talk more about how the state views trespassers.

When you think of a trespasser, you probably think of a burglar or someone who has entered onto your property without your permission for nefarious purposes. For this type of individual, it is incredibly unlikely that you would be held liable if your dog attacked someone who was breaking into your house or looting your open garage. For this type of trespasser-turned-criminal, it’s unlikely you’d be on the hook for dog bite compensation (we say unlikely because we never speak in certainties and every case is determined individually).

Let’s take a step back and muddy the waters a bit. What if your dog attacked a delivery person? You may not have given them express permission to approach your house, but that type of access is assumed when you purchase something that requires delivery. If the delivery driver or mailman steps up on your porch and is bitten by your dog, odds are you could be held liable for your dog’s actions. Even though your dog likely thought they were protecting the homestead from a threat, that delivery driver is not a trespasser in the eyes of the law, and thus your dog’s actions would render you liable.

Let’s complicate matters even further. Let’s say that someone entered your property without permission, and they had no legal right to be there, and they were bitten by your dog. Obviously you’re not liable here, right? Not so fast. Let’s say the individual in this case is a 14-year-old who was cutting through your yard on the way to school, or it was a 9-year-old neighbor that came into your yard to retrieve a ball of theirs that landed in your yard.

In these instances, it is very possible that you would still be liable for injuries suffered to the child, even if you did not give them direct permission to come on your property. If reasonable steps were not taken to keep children out or to protect minors from a potentially dangerous dog, you could find yourself facing a personal injury lawsuit. They are technically trespassing on your property, but that fact alone won’t always grant you immunity from a lawsuit.

So while you are likely protected if your guard dog bites a home invader, know that not all unexpected visitors on your property are trespassing, and you may be held liable if you don’t take steps to prevent a dog bite from happening. If you or your child was bitten by someone’s dog, let us get you the compensation you deserve. For more information, or for answers to any questions you might have, reach out to Dean and the team at Margolis Law Firm today at (952) 230-2700.