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Castle Law Office

Q
What Can I Do if My Child Trespassed and Was Hurt by a Neighbor's Dog?

A

You may be able to recover from a dog bite accident on someone else's property, even if the child trespassed.

There are several factors that can affect the amount of money you could recover for injuries:

  • How old is the child who trespassed?
  • Was the trespass intentional?
  • Did the child understand the risk involved in trespassing on the property in question?
  • Did the child know they were on someone else’s property?
  • What type of precautions have been taken by your neighbor to warn of a dangerous dog?
  • Is their property clearly marked?

 

So a lot depends on the circumstances of your case. Dog ordinances change not just from state to state, but sometimes from city to city. 

Kansas has a well-known common law rule known as the one-bite rule, meaning if the dog has previously bitten or attempted to bite someone, and later does so again, the owner is liable.

You also have to look at trespassing statutes. While these laws are fairly straightforward when dealing with adults, trespassing is usually not so cut and dry when you start to look at children. 

When you're not sure about legislation, or have questions about your situation, it's always best to consult with a personal injury lawyer who will go over the specifics of your case.

Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation. 

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