QUESTION:
Am I responsible if my dog bites someone who puts their hands over my fence while my dog is in my yard?
ANSWER:
Generally, the “dog bite statute” of California would hold the owner of the dog “liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog.” However, a person is only “lawfully” in the private property of the owner if the person is performing his duties, e.g. a police investigating a crime in the premises, or the mailman delivering a mail, or when that person was there upon the invitation of the owner [CC § 3342(a)]. If the person bitten was not lawfully in the premises, or a trespasser, the owner may not be held liable for the victim’s injuries [CC § 3342.5 (d)].
To understand the rights of dog owners and how to deal with biting incidents, it is best to consult with a lawyer who is an expert in personal injury and dog bite cases.