I was wondering b/c their dog (pit bull) had jumped my fence while the gas man was there today and it scared the crap out of him. I keep my fence chain locked and luckily I was there to unlock it and get the neighbor. I also have a pit and she's not at this residence at this time. If her dog jumped my fence and the dogs fought I would be PISSED and would want to take her to court! Would she be liable in either of these circumstances? BTW I own my property and she rents.
2007-11-30 04:26:58 · 13 answers · asked by Sweet Honey 4 in Pets ➔ Dogs
In my city you could and you could also get a notice from the city that meter readers will not go into your yard and your home owners association could get on your case. To head that off, I'd call animal control and report the incident and the neighbor's dog jumping your fence into your yard. Take pictures of her dog in your yard or out of it's yard, unleashed, if you can.
What matters is burden of proof that it was not your dog that scared the gas meter reader and it is not your dog that is getting out of its yard. It doesn't matter whether you rent or you own, the liability is with the owner of the dog but you'd have to prove it was the neighbor's dog or you could be held liable.
If both of you have dogs that sometimes get out of their yards, you could both be in hot water over this, if you were in my city.
But the specific incident- burden of proof is on you. A report from you before you get a notice or complaint would be in you and your dog's best interest.
In my city, there's an option to get a chip put in the meters that allows the different utility companies to get readings without entering the yard. I don't know if it is available where you are, but I found it well worth getting when I had a German Shepherd Dog.
2007-11-30 04:46:53 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The neighbor is responsible, not you, if it got off her property and injured someone. You are not liable. She allowed her dog to violate the leash law. You could sue her if her dog gets on your property and injures your dog. The gas man almost certainly saw the dog jump the fence and will know what happened. And you know what happened and can say you did not give your consent. The responsibility is hers.
Lawyers do not give legal advice for free over the phone folks. That's what they get PAID for.
What could be a problem is that neither of you will get your meters read until her dog is confined. They will estimate your gas bill and that could be a problem and is almost never in your favor.
2007-11-30 04:31:49 · answer #2 · answered by ? 7 · 1⤊ 0⤋
"Can I get sued" is always a loaded question, because any jerk with the filing fee can sue you, the question is will they win. If your facts are correct and your neighbor a) has the bad dog, b) fails to keep it locked up or restrained properly, and c) the dog bites or hurts someone, even another dog, then she's the one who's responsible. In order to win a lawsuit, the person who was injured (in this case, I'd assume that would be the gas man) would have to prove that YOU were negligent if you're the one he's suing. But it doesn't seem to me that he can prove that.
2016-04-06 05:33:38 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Let me preface this by saying that I am not an attorney, but I do work in a personal injury law firm.
The FIRST thing you want to do is make sure the neighbor is aware of the incident and tell her to take any action necessary so that it will not happen again.
If it DOES happen again (the dog come into your yard...whether or not it threatens anyone), I would immediately call the police and your local animal control officer. The reason is below...
Common sense would dictate that you are NOT responsible, because it is not your dog, even though it happened on your property. However...a sharp attorney could make a case that you were aware that it had happened in the past and did not do enough to stop it from happening again.
2007-11-30 04:44:53 · answer #4 · answered by dmg1969 5 · 1⤊ 0⤋
Sounds to me that the owner of the property being rented to your neighbor would be liable. Renters don't have any money and the owner has home owner's insurance.
Report the dog to animal control. Eventually she'll either have to figure out how to keep her dog under control or she'll lose the right to keep it. I would also tell the owner of the property. Do something before there is a reason to sue someone.
2007-11-30 04:37:34 · answer #5 · answered by BostonJeffy 4 · 1⤊ 0⤋
I'm not a lawyer, but I don't see why you should be liable for someone else's dog that has entered your property without your permission.
She would be liable in either of those circumstances, and her landlord might be as well (for allowing the dog to reside there).
2007-11-30 04:38:10 · answer #6 · answered by DaBasset - BYBs kill dogs 7 · 0⤊ 0⤋
Possibly she and her landlord would be responsible but a person could possibly sue you as well? I would call legal aid or an attorney and find out (consultations are usually free) and then either tell her to find a way to keep her dog in her yard or call and discuss it with the landlord (if you find out the landlord has a liability I'm sure they'd love to know).
2007-11-30 04:34:49 · answer #7 · answered by angels4siberians 3 · 1⤊ 0⤋
Sounds to me like she would be liable. Any chance of putting a hot wire along the fence line between the houses? it's fairly cheap and effective.
2007-11-30 04:31:07 · answer #8 · answered by maggiesmom 5 · 0⤊ 0⤋
Its her fault b/c its her dog and she is not restraining the dog properly if the dog can jump over the fence then he needs to be on a chain. If your neighbor knew that he could jmp it then it is her fault.but i would still check with a lawyer.
2007-11-30 04:47:43 · answer #9 · answered by kayshort789 2 · 0⤊ 0⤋
That is really hard to say. Common sense would say yes she's liable however it happened on your property. I would call a law firm in your area about it. Phone calls are free and it would be useful information to know.
2007-11-30 04:31:04 · answer #10 · answered by sillybuttmunky 5 · 0⤊ 1⤋