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My tenant often keeps his dog in the backyard. Whenever someone needs access to the backyard we inform the tenant and he makes sure the dog is securely inside. Recently a cable technician was called for service by someone in the adjacent building. The technician climbed over the fence from that backyard into the yard of my building. Without any authorization. Luckily the dog happened to be inside, and the tenant noticed the technician in the backyard. The tenant got very angry because if the dog had been in the yard, the technician could have been attacked and possibly seriously injured.
My question is: If that had happened, would the tenant and me, as the owner of the building, be legally liable for the injuries to the technician? In other words, does the fact that the technician entered a private area of the property without permission nullify any liability?
The mitigating factor is that the technician climbed over the fence and became a trespasser. If the dog is sufficiently under control within the fenced area and it is not a shared area, then there should be no issue. It is definitely a good idea to have a sign warning of the dog's possible presence.
I can say this b/c I just passed my Property Casualty Insurance tests though you should check with your insurance agent first, before CD. Your liability is clearly spelled out in your policy, but your agent can explain it best to you (if not, you may consider finding a new one who can).
You are responsible for your property if it or anything on or in it causes an injury. A good example are trampolines - most homeowners insurance will cancel your policy if you have one, since children will be attracted to it and you cannot be there watching it 24 hours a day and if some kids sneak in and get hurt, your insurance will have to pay. But then they'll cancel you...
As for the dog, well, you can post prominent Dog Warning signs to mitigate the chances of injury, and that is a great deterrent, but trespassers are going to be paid by your liability policy if they are injured by the dog, regardless of signs. The signs can only help prove that you attempted to keep trespassers from injury, which is a good thing in court (you are still liable, though; this will just perhaps keep a judge from awarding too much in damages, since you tried to prevent it.)
Please check with your insurance agent; they should be able to show you where this is in this in your policy as well.
Just don't allow pets of any kind...Be sure it is in the lease (I have it on the rental application and it is in the lease in Caps) and if they get one after they move in evict them if they don't get rid of it...
And the cable guy may have not been trespassing... Check with your city....
You never returned to that thread but why a new one now on exactly the same subject?
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Yes, you are liable
though you should check with your insurance agent first, before CD. Your liability is clearly spelled out in your policy, but your agent can explain it best to you (if not, you may consider finding a new one who can).
