If my neighbor's dogs were to cause me to injure myself on my property, who would have to pay medical bills?

Question

My neighbor lets his two BIG dogs out a couple times a day for a few minutes. I am very afraid of dogs. Sometimes they come into my yard as I am walking up very steep stairs. I'm afraid that I may fall one of these times when they come at me.

Note: They are not mean, do not attack, but are overly friendly and move fast (surprise attack).

If I got hurt, would I be able to sue the neighbor for the dogs coming on my property, or would my homeowners insurance have to cover it?

P.S. Please NO advice about talking to neighbor beforehand to avoid situation, I just want to know legally what could be done.

Thanks!!!

Answer 1

I believe your neighbor is breaking an ordinance by letting the dogs roam loose, even if it is accidental. It is their responsibility to restrain the dogs. The neighbors, I believe, are liable for injuries or damage to property done by their dogs.

Answer 2

Your neighbor has a legal obligation to ensure his dogs remain under control at all times. If your neighbor's dogs enter your property and do something to cause you injury, he would be negligent and therefore responsible. The big question is whether or not they know that their dogs can access your property. If they do not know this, and you do nothing to inform them of this, then you would be a contributing factor in the accident. While they may be found negligent, the damages awarded will be greatly reduced since you contributed to the accident by not allowing your neighbor's an opportunity to prevent their dogs from accessing your backyard. A reasonable person would, at the very least, leave a note on their door informing them of the situation. A reasonable person would not, however, keep this information to themselves and allow a potentially dangerous situation to continue.

Answer 3

Anyone can sue anyone else for anything. The question is, will you win?

Probably not. Slipping on your own steps, you likely won't have someone else to blame for your maintenance issues.

Your homeowners insurance won't cover you, either. You'll need a health insurance policy to cover you.

OR, you could do what a reasonable and prudent person would do, and replace the steps with safer, less steep steps, and put handrails in. If someone ELSE who doesn't live with you falls on those steps, and sues you, well, you're NEGLIGENT, aren't you, because you already KNOW those steps are too steep!! So you'll likley lose in court.

And most homeowners policies have an exclusion for "expected or intended injury", which, if you know your steps are steep, and don't do anything to fix it . . . technically, you are expecting that injury! So if you DO get successfully sued, your homeowners policy won't necessarily cover you! You *might* have to pay out of pocket!

Answer 4

You do not want his dogs on your property.Make that fact known to him either with signs and or tell him in no uncertain terms.His dogs are trespassing on your private space and he will be responable for the injury caused to you and or your family.Is there a leash law in your town.If your neighbor is a ******** have a lawyer send him a note,that should make him happy.The lawyer will probably charge about 30 dollars for a quick letter.

Answer 5

IANAL, but you would probably have a case. Those dogs are supposed to restrained and not allowed to roam around, so should they hurt others or destroy property, the owners are liable for those damages.

So yes.. should you get hurt and the total damage was less than $5000 or so, you could sue in small claims court.

Answer 6

If you are injured because your neighbors dogs charge you then your neighbor would be liable. Your homeowners insurance never pays for the named insureds injury regardless of what happens.

Answer 7

I believe that legally unless you were directly attacked by the dogs, you have to deal with your medical bills. That said, it would be a courtesy for your neighbor to pick them up because it was their dogs that caused you to fall. (In which case, their homeowners' policy would cover it.)

Answer 8

Not so sure it would be your neighbor's responsibility. If the dogs do not knock you over and you fall on your own steps (that are too steep), then you might be at fault.

Answer 9

I think your neighbor would be responsible.

But the fact that you have recognized a potentially hazardous situation, and did nothing to protect your own health/property, is wrong; morally.
But I suppose morals don't count for much when there's money involved.

Answer 10

I'd think he'd be responsible, since he doesn't keep them on a leash or restrained.

I would also tell him that should his dogs cause you to be injured, he'd be responsible!