Neighbor's dog came through the fence into our yard. It was attacked by our dog and died the next day. The neighbor is wanting us to pay the vet bills (about $1100). What is our LEGAL position on this. Thank you.
2007-04-24 03:47:18 · 18 answers · asked by Brain_scurvey 2 in Pets ➔ Dogs
My dog is a lab mix and has never hurt a person. Their dog was a small, palm sized dog and could slip through just about any fence.
2007-04-24 03:56:40 · update #1
If your dog is in a properly secured fenced area, and the neighbor's dog jumped, or dug his way in, then you should not have any liability. If the other dog was able to gain entry into your fenced yard due to neglegence in maintenence, such as holes in the fence, then you could be apportioned at least part of the blame. You would need to look up the regulations in your state. The link below should help.
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If you have a camcorder, or can get the use of one, take a video of the entire perimeter of your fence, including any gates. Include in the video a copy of today's newspaper (crisp, and unopened) in close enough view that you can see the date and headline. Do this video in one long, unbroken view walking the perimeter. This will show your good faith attempt at having a secure yard. The newspaper is essentially a date stamp. Do this as soon as possible so that the neighbors cannot say, "well, this happened in April, and the video is from May, they fixed their fence for this video".
2007-04-24 03:57:07 · answer #1 · answered by doggzma 3 · 1⤊ 0⤋
I agree that you need to find an attorney, because these kinds of cases are usually ugly since you guys don't agree on them. And please quit talking to the neighbor until you have talked to an attorney and know what to do. There are going to be so many different opinions on this matter on whether it is your dogs fault or not. Don't call your vet and ask them either, because unfortunately they are unable to really give any advice either. Really there is nothing else to do but call an attorney and see what they say. If you just want them to go away, contact your homeowners insurance and see if it covers it- but then you are saying you were in the wrong when I personally believe you aren't because you dog is just protecting like many, many dogs do. Theri dog was the one who is a hazard to society if it can slip through any fence- could have bit someone, a car could have swerved trying to miss hitting them, or if a child would have happened to be in the yard when that dog came in, a child could have gotten hurt/killed just by being in the middle-not necessarily your fault if the dog was protecting. Good Luck!
2007-04-24 04:11:52 · answer #2 · answered by Paul and Kelle A 4 · 1⤊ 0⤋
Well, I don't think you should have to pay anything, and you should seek legal counsoling, and they will tell you the same thing. The dog came onto your property, so your dog has every right to protect his or her yard.
My dog and I got attacked this weekend by a dog, and it wasn't in the dogs yard, it was accross the yard from it's house, and my dog and I both visited the doctor, and our bill totaled $305.50, but I did not ask the owner of the dog to pay for our vet bills. All I did was I contacted the health department to assure the dog had all of its shots, and to make sure the owner keeps the dog in his yard from now on.
My point being, dogs are going to be dogs, so its best to keep them pinned up or restrained at all times, or bad things could happen. It's not your dogs fault because it was just protecting his territory!
2007-04-24 03:55:35 · answer #3 · answered by Jenna 4 · 2⤊ 0⤋
You are not at fault. the dog came into your yard when it should have been chained up. If you, your dog, or your yard have any damages, submit claims to your neighbors. I don't think think that you have to get an attorney, just get animal control involved. I had an incident Sunday where a Brendal Pit Bull came into my yard and almost tore my dogs nose off. We got the dog over the fence and call ed animal control, they then submitted our statement to the City Attorney. Your dog was just doing his job. PROTECTING YOU, HIS TERRITORY, AND HIMSELF. Just make sure that your dog is chained and is up to date on all their shots, then you have nothing to worry about. If not then you could be looking at some fines. GOOD LUCK!!!!!!!!!!
2007-04-24 05:23:01 · answer #4 · answered by Amanda F 2 · 0⤊ 0⤋
It sounds like they are at fault for not keeping adequate control of their dog. If however they are attempting to sue you, you can always contact Judge Judy (as goofy as that sounds). If for some reason she finds it's your fault, (which I don't believe it is), the show would actually pay the bill. If not, they get nothing and you get free airfare/hotel and a trip to California.
Good luck
And for the record, I don't think your dog sounds vicious. Most likely the little one had "little dog syndrome" and instigated everything.
2007-04-24 04:06:45 · answer #5 · answered by Lisa S 2 · 1⤊ 0⤋
Your dog was fenced in on your property. The neighbor's dog trespassed into your dog's territory and your dog responded as most dogs will. Your dog is not considered vicious for defending itself as the "nut" below wrote.
If what you have stated is true, then you (or your dog) are in no way at fault and you are not responsible for any bills.
Your neighbors were most likely in violation of local leash laws by failing to keep their dog confined to their property. Therefore, you could sue them for any damages their dog may have caused you or your beloved pet.
2007-04-24 03:51:11 · answer #6 · answered by kja63 7 · 4⤊ 0⤋
As far as I am aware since their dog came onto your property, through a fence, it is their fault and you are not responsible.
Your dog was adequately contained as it sounds, and their dog wasn't. That said they were in violation of the leash laws most places have. If your dog incurred any medical expenses from the incident, they would be responsible for those, since you weren't the one breaking the law.
They are at fault in my eyes.
2007-04-24 03:51:34 · answer #7 · answered by Bindi *dogtrainingbyjess.com* 7 · 4⤊ 0⤋
I should think you could not be held responsible legally. THEIR dog came through YOUR FENCED yard. They were in violation for not keeping their dog contained
2007-04-24 03:52:36 · answer #8 · answered by thambycart 3 · 2⤊ 0⤋
The fault is theirs ;it's not your fault.
Their dog trespassed on your property and your dog did his job and tryed to protect his territory and that's what most of the dogs will do. The fault is theirs.
And you're innocent .You should refuse to pay the dog vet bills and that's a big sum of money.
2007-04-24 04:43:41 · answer #9 · answered by Anonymous · 1⤊ 0⤋
If I have this correctly the neighbor's dog came through your fence so I can't see why you would be liable!
2007-04-24 03:55:51 · answer #10 · answered by Maggie 5 · 2⤊ 0⤋