Getting bitten by a dog is scary, painful, and often expensive. Medical bills stack up fast, you may miss work, and the injury can leave long-term scars. But if the bite happened while you were on someone else’s property without permission, your right to recover dog bite damages can get complicated. Trespassing doesn’t always end a case, but it can reduce what you recover—or block it—depending on the facts and the law that applies.
At Connelly Law, we often see dog bite claims where the dog owner’s insurance company quickly tries to use one argument to shut everything down: “They were trespassing.” Here’s what that defense really means, when it works, and when it doesn’t.
Why “trespassing” matters in dog bite cases
In most injury cases, the big questions are:
- Who was careless?
- Who had control of the danger?
- What did each person do right before the injury?
Trespassing adds another question:
- Did the injured person have the legal right to be there?
That single issue can affect duty of care (what the owner owed you), liability (who is legally at fault), and damages (how much money you can recover).
Trespassing vs. being allowed on the property
Not everyone on private property is treated the same under the law. Courts often sort people into categories, such as:
- Invitees (customers, guests invited for a purpose)
- Licensees (social visitors, people allowed but not “invited” for business)
- Trespassers (people with no permission or legal right to be there)
In general, property owners owe more protection to invitees and licensees and less to trespassers. That reduced duty is one reason dog owners and insurers push the trespassing argument.
Does trespassing automatically kill your dog bite claim?
Not automatically.
Trespassing can be a strong defense, but it’s not a magic “get out of responsibility” card. In many situations, you can still recover—especially when:
- The “trespass” claim is shaky (you had implied permission)
- The owner’s conduct was extreme (willful or reckless)
- The owner knew the dog was dangerous and failed to use basic safety
- A child was involved (special rules often apply)
The real outcome depends on the specific facts and the legal standard used in the state where the bite happened.
How trespassing can limit dog bite damages
1) Reduced duty of care to trespassers
Many states limit what a property owner must do for a trespasser. Often, the owner must avoid willful, wanton, or intentional harm. That can make ordinary negligence harder to prove.
Example: If a dog owner simply failed to latch a gate, the insurer may argue the owner didn’t owe a trespasser the same level of care they’d owe a guest.
2) Comparative fault can reduce your recovery
Even if the dog owner shares blame, trespassing may be treated as fault by the injured person. In comparative negligence states, the court can reduce your compensation by your percentage of fault.
Example: If your total damages are $50,000 and you’re found 30% at fault for entering a fenced yard, you might recover $35,000 instead.
In some states, if your fault passes a certain threshold (often 50% or 51%), you may recover nothing.
3) “Assumption of risk” arguments
If someone knowingly enters an area where a dog is clearly warning or guarding, insurers may argue the person accepted the risk.
This is fact-dependent. A “Beware of Dog” sign can matter, but it doesn’t automatically protect the owner—especially if the dog is unreasonably dangerous or the situation is more complex than the sign suggests.
When you might not be a trespasser, even if the owner says you are
This is where many dog bite cases turn.
You may have had a legal right to be on the property if you were:
- Delivering a package, food, or mail
- Doing utility, repair, or inspection work
- Entering a normal access path (front walkway/porch) to knock
- Invited before, and the visit was reasonably expected
- Responding to an emergency
There’s also the idea of implied permission. Many homes effectively “invite” the public to approach the front door for ordinary purposes (drop-offs, doorbells, conversations). The boundary often changes if you go into a fenced backyard, enter a side gate, or ignore posted warnings.
Child trespassers are treated differently in many cases
When a child is bitten, the analysis often changes. Many states recognize that children don’t always understand property boundaries or danger the way adults do.
Depending on the circumstances, the owner may still owe duties that wouldn’t apply with an adult trespasser—especially if the property had features that attract kids or the owner knew kids commonly entered the area.
What if the dog owner intentionally “set the dog on you”?
Even if someone is trespassing, the owner generally can’t use excessive force or intentionally cause serious harm.
If the facts suggest the owner:
- commanded the dog to attack,
- released the dog deliberately,
- or used the dog like a weapon,
that can shift a case significantly. A trespassing claim may not protect someone who acted intentionally or recklessly.
What evidence helps in trespassing-related dog bite claims
If trespassing is being raised, details matter. Useful evidence often includes:
- Photos of gates, fences, and signs
- Where the bite happened (front porch vs. backyard vs. inside)
- Surveillance video (doorbell cams are huge)
- Witness statements
- Animal control reports
- Medical records documenting the injury right away
- Prior history of aggression or previous bites (if available)
Also, document what you were doing there and why. A simple timeline can make or break the “trespasser” label.
What to do if you’re bitten and the owner claims you trespassed
- Get medical care immediately.
- Report the bite to animal control or the proper local agency.
- Take photos of the scene, your injuries, and any warning signs.
- Do not argue the facts on social media or in texts.
- Talk to a lawyer early—before giving a recorded statement to insurance.
Insurance companies often push for quick statements because they want you locked into a version of events that helps their defense.
If you’re unsure where you stand, Connelly Law can evaluate the facts, determine whether trespassing truly applies, and explain your options.