Dog attack vent/question

[inlalaland]

So last Friday night, a very close friend of mine was attacked pretty badly by a dog. He was playing man hunt with a bunch of friends in the neighborhood, and he ran through one of the friends' yards and was attacked by their pitbull/beagle mix. It was his leg [this doesn't have to do much with the actual story, but it was right where he got 3rd/2nd degree burns a couple months ago] and the dog latched on and would not let go. There were a bunch of people kicking him and trying to get him off but he just wasn't letting go. I guess they eventually got him off and there was so much blood one of the moms passed out. :/ sorry if that's a little graphic. xD

Anyway, so now they're in a big legal debate with the owners. The owners are refusing to take any responsibility because they believe my friend was trespassing. Yes, it was on their property. But the thing is he comes there every Friday night to play man hunt, and I'm there sometimes too [I wasn't there this particular night though]. The owner's daughter told him to go ahead onto their lawn as well. So I'm thinking this was implied consent.

What do you guys think? Was he trespassing or are the owners at fault?
My friend could also use some prayers or good thoughts, he's still in the hospital and his bite is infected. :/ We're all pretty upset about it.

ETA: Forgot to say this is the dog's THIRD attack! I guess every other time the owners got away with it too.

 

[Sparx]

If the child was on their property, he really has no ground to stand on. The dog was on the property where it belonged. The property lines are really important in a case like this.

If this dog had already attacked two other people, why in the world would kids be playing in this yard?

 

[inlalaland]

If the child was on their property, he really has no ground to stand on. The dog was on the property where it belonged. The property lines are really important in a case like this.

If this dog had already attacked two other people, why in the world would kids be playing in this yard?

Right, but I don't really think he was trespassing or anything. The kids go out and play every Friday night. The owners of the dog know this [their kids are involved], pretty much all of the parents and homeowners in that area know this. They have never said anything in the past about nobody being allowed on their property, they're always running around playing. I'm thinking this is implied consent. The daughter [I'm not really sure if this matters because she's not the legal owner] gave him permission to go on their lawn and get something [not sure exactly, may have been a ball. I know that doesn't really fit with manhunt but I was just giving an example of them playing around, they may have been playing something else at that exact time.] and she gave no warning of the dog.

Quite honestly, I don't know. I don't think they were all in the yard playing that whole time. I think something may have just went into their yard and my friend went to get it, not being aware of the dog.

 

[Sparx]

Right, but I don't really think he was trespassing or anything. The kids go out and play every Friday night. The owners of the dog know this [their kids are involved], pretty much all of the parents and homeowners in that area know this. They have never said anything in the past about nobody being allowed on their property, they're always running around playing. I'm thinking this is implied consent. The daughter [I'm not really sure if this matters because she's not the legal owner] gave him permission to go on their lawn and get something [not sure exactly, may have been a ball. I know that doesn't really fit with manhunt but I was just giving an example of them playing around, they may have been playing something else at that exact time.] and she gave no warning of the dog.

Quite honestly, I don't know. I don't think they were all in the yard playing that whole time. I think something may have just went into their yard and my friend went to get it, not being aware of the dog.

I still think that it could be called trespassing in a legal sense because no one asked permission on the day of the attack.

 

[inlalaland]

I still think that it could be called trespassing in a legal sense because no one asked permission on the day of the attack.

I suppose, but the fact that the owners were completely aware of the kids playing around and didn't say anything, and are now turning around and calling it trespassing just doesn't seem right. :/ No, they never actually physically said "yes you can come onto our property" but it seems to be implied consent if they know my friend and knew what all the kids were doing and didn't say anything.

 

[Sparx]

I think the owners are probably just trying to protect themselves by saying the kid was trespassing. And they don't have to say "DON'T COME ON TO MY PROPERTY" that is assumed, they HAVE to give permission to come onto the property however. Its pretty black and white legally, but its a sad situation and its awful that our society is so lawsuit happy that something that could have been politely handled turned into this mess.

 

[inlalaland]

See, I don't know about that. I don't think they do have to give permission because of implied consent. I looked it up and it says :

"The existence of consent may be implied from the landowner's conduct, from custom, or from the circumstances."

So I'm just wondering if legally they can say that he was trespassing. I mean they were aware he was there and didn't say anything, so I'm thinking that sounds pretty implied. Maybe I'm wrong, I don't know. But I guess that's where the debate is.

 

[Sparx]

I think implied consent is much harder to prove. I mean, the landowners could really say that they had no idea the kids were back there. It would be blatantly lying but who could prove otherwise? It really becomes a he-said she-said mess. I'm sorry your friends are going through this.

 

[inlalaland]

I think implied consent is much harder to prove. I mean, the landowners could really say that they had no idea the kids were back there. It would be blatantly lying but who could prove otherwise? It really becomes a he-said she-said mess. I'm sorry your friends are going through this.

Very true. :/
I guess we'll have to see how it goes. My friend's got a lot of people on his side so I hope it'll go well.
Yeah it's really awful. I just feel so bad about it all, it also makes it worse that there were so many kids there to see it all too. It was supposedly pretty graphic, and I saw a picture of the bite too and it is not pretty.
I feel really bad for my friend though, he is ALWAYS getting hurt. He is just so unlucky. In November he got burned pretty badly [I was actually there for that] so it's like just when he's getting over that something else has to happen.

 

[SBubba18]

I know here in Ohio its trespassing if you are caught on someone elses lawn. Even if they do give you verbal consent. I think no matter what they will see it as trepassing because there was no written consent allowing them on their lawn even with everyone saying that there was verbal consent. Also the dog was inside its lawn so they can't do anything to the dog.

Sorry about your friend! I hope they get better soon!