The 5 Minute Dog by Personable Pets Dog Training

#159 What if...My Dog Bites

Personable Pets Dog Training Season 2 Episode 159

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What happens when your dog bites someone on your property? The answer might surprise you—and it definitely depends on where you live.

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Speaker 1:

Welcome back to the 5-Minute Dog. Today I'm going to talk about dog bite liability. Specifically, what if someone gets bitten on my property? Am I automatically liable? The answer in Illinois might surprise you. Let's say that someone decides to hop your fence without permission. Let's say that someone decides to hop your fence without permission, your dog barks, rushes over and nips them. They go to the emergency room and now they want to sue you. In Illinois, you might be okay.

Speaker 1:

The Illinois Animal Control Act says if someone was trespassing or provoking your dog, they can't recover damages. So yeah, climbing your fence and startling your dog, that might be on them and not you. But here's the thing Just because the law might protect you doesn't mean you won't get dragged into a legal mess. People can still file a claim, your insurance might still investigate, your dog might still face quarantine or worse. Plus, other states don't all follow the same rules. In Illinois you could be protected if the person was trespassing or provoking your dog, but in California there's strict liability. You're responsible, period. In Texas, texas has the one bite rule. If your dog's never bitten before and you had no reason to think that they would, you might not be liable. So yeah, location matters big time. But here's what I want you to walk away with.

Speaker 1:

Even if the law favors you, it's your job to set your dog up for success and to keep them out of trouble. That means secure fencing, supervision, good training. Also, know your rights but also your responsibilities. Be sure to lock your gates and post no trespassing signs. Supervise your dog when he's in the yard. Keep your dog well socialized and well trained and know where your dog is at all times.

Speaker 1:

Talk to your homeowner's insurance about coverage and know your local laws. Don't assume they're like Illinois. So, yeah, maybe we're protected in some situations, but don't let that lull you into complacency. Be proactive because, at the end of the day, be proactive because, at the end of the day, even a provoked bite can turn into a legal and emotional mess. Just a quick note before we go everything that was talked about in this episode was based on laws as of June 2025. Laws can change quickly and local rules might even be different, so you should always be aware of what the active laws are in your area and, if you're ever unsure, reach out to a lawyer or check with your local authorities. And remember this podcast was not legal advice, just information to help you stay aware and to be proactive.