- Jeremy Cohen
Dogs Beware of Trespasser
Bailey, a 9 year old Wheaton Terrier, bit a salesman who was in his front yard. Boston Dog Lawyers represented Bailey’s pet parent who was being sued. We argued that the bite victim was a trespasser and not entitled to any money. The jury verdict was in our favor.
When your dog bites someone, the victim should not automatically receive money. Sure, many victims deserve compensation. However, the facts and circumstances must first be analyzed then evaluated via the dog bite laws. Boston Dog Lawyers has avoided payouts by dog owners after proving the person bitten was at fault to some degree.
Sometimes insurers compensate victims without learning what we learn; other times dog owners pay victims after receiving a letter from an attorney, fearful of being sued or losing their dog.
The plaintiff in our case was a field salesman for a cable and internet service provider. He made an unannounced visit to our client’s home. He walked around ignoring the “Beware of Dog” sign. Beware is a verb transferring some responsibility on the reader to be alert to danger.
Our client lives alone and was startled to see someone lurking near his garage. Bailey became equally concerned and chased after the salesman, biting his hand. The victim filed a law suit for money equal to 3X his medical bills. The law states that a dog owner is liable for injuries unless the victim was teasing, tormenting or trespassing.
Here, the jury held the victim accountable for his actions that triggered the dog bite. A good day for pet parents and pet lawyers!