If your dog was tied up but the neighbor kid wants to pet the dog and the dog bites the child, who’s fault is it?

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If your dog was tied up but the neighbor kid wants to pet the dog and the dog bites the child, who’s fault is it?

Asked on April 28, 2012 under Personal Injury, Minnesota

Answers:

Robert Slim / Robert C. Slim - Attorney at Law

Answered 11 years ago | Contributor

It depends on many factors.  How did the child have access to the area where the dog was.  Has the child freely come onto the property in the past to visit the dog? Does the dog have violent propensities?  Could the owners have foreseen that the child may come onto the property to visit the dog?  The ultimate issue is whether the dog owners were "negligent" in causing he incident.  I would conclude that if the dog owners had the dog tied up in an enclosed area and the child came onto the property uninvited, then it would be unlikely that the dog owner would be held liable under those circumstances.


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