Burgler Breaks in-Family Dog Bites Burgler

[ralph124c]

…can you be sued? The dog is acting to protect you, and you are clearly in danger. So, could you lose your house, if the burglar sues you for “pain and suffering”?

[Shagnasty]

@ralph124c

…can you be sued? The dog is acting to protect you, and you are clearly in danger. So, could you lose your house, if the burglar sues you for “pain and suffering”?

People can sue for anything, the rest is state dependent.

[Really_Not_All_That_Bright]

@ralph124c

…can you be sued? The dog is acting to protect you, and you are clearly in danger. So, could you lose your house, if the burglar sues you for “pain and suffering”?

Yes and no, usual disclaimers, depends on juridiction, IANAL, etc.

In California, for example…

Defense based on trespass
The dog bite statute protects a victim “while in a public place or lawfully in a private place, including the property of the owner of the dog.” This prevents trespassers from obtaining recovery. (Fullerton v. Conan (1948) 87 Cal.App.2d 354, 358 [197 P.2d 59].) Note, however, that a trespasser still can base a claim on strict liability for a dangerous propensity, or negligence. There is no Judicial Council jury instruction on this point, but BAJI Jury Instruction 6.67 (Dog Bite Statute) confirms that recovery is possible, in that it states:
“One who is not lawfully on the property of a dog owner is a trespasser thereon, and if the trespasser is bitten by the dog, the question of liability must be determined in accordance with the rules of law now to be stated.”

Short version of above = burglar only has a case if the dog was improperly restrained, or previously ordered to be destroyed, or somesuch.

[Mister_Rik]

If I sprain my ankle while I’m robbing your place
If I hurt my knuckles when I punch you in the face

I’m gonna sue, sue. Yes, I’m gonna sue
Sue, sue, yeah that’s what I’m gonna do

– ‘Weird Al’ Yankovic, “I’ll Sue Ya”

[Tim_T-Bonham.net]

Offense is the best defense.

Immediately, take your dog to the vet for a complete dental checkup and cleaning, and shots to prevent any possible infection, etc.

Then sue the burglar for those vet costs, your mileage, time off from work, etc.

[alphaboi867]

When I was about 3 or 4 my mother took me and our dog Gracie (a Collie/Beagle mix) to my grandparents’ lake cottage. Two missionaries (both young men) came to the door. Mom aswered the door, told them she wasn’t interested and asked them to leave. One of them wouldn’t take no for an answer and stuck his foot in the door so she couldn’t close it. This set Gracie off and he ended up going to the ER. He sued and according to my mother the judge “laughed at him” and made him pay her court costs since Gracie was only “protecting her mistress”. Not quite the same as a burgler, but.

[Bryan_Ekers]

@alphaboi867

When I was about 3 or 4 my mother took me and our dog Gracie (a Collie/Beagle mix) to my grandparents’ lake cottage. Two missionaries (both young men) came to the door. Mom aswered the door, told them she wasn’t interested and asked them to leave. One of them wouldn’t take no for an answer and stuck his foot in the door so she couldn’t close it. This set Gracie off and he ended up going to the ER. He sued and according to my mother the judge “laughed at him” and made him pay her court costs since Gracie was only “protecting her mistress”. Not quite the same as a burgler, but.

Well, it was an Act of Dog, after all.