In this video, Sevenish Law answers the question: Can I file an insurance claim or sue over a dog attack if I or my child was trespassing? Trespassers are generally not allowed to sue over a dog attack since they are the least protected of occupiers of property. The other two levels are an Invitee and Licensee. Trespassing may be considered evidence that you caused your own injuries or assumed the risk. However, state law makes exceptions for children under a certain age. And workers who must enter private property for legitimate business, such as delivery people or renovation workers are not considered trespassers under the law. When in doubt seek the advice of an experienced dog bite lawyer.