QUESTION
My neighbors dog broke the new fence and got into our yard (not 1st time). Our dogs were in the yard and got to the dog. How liable are we?
Asked on Feb 01st, 2012 on Animal Law - California
More details to this question:
We had been putting up bricks and even chicken wire as we saw new holes starting to appear. I thought the dog was dead at first. I walked past it it didn''t move or blink. I did look at it and I swore it was dead. I called my husband at work and he called the sheriffs who said they didn''t handle this kind of thing and to call animal control who didn''t open for another hour. When we did call them an hour later they said there wasn''t anything they could do and that we weren''t liable. About that time I looked out and the dog was gone. My husband arrived home then and found the dog hiding in the yard. We then promptly went over to the neighbors and told them. They came over and took the dog to the vet. She came yelling at me that her dog was struggling and was going to report my dog as a killer if she did die. We tried to get the authorities involved because we have had issues with her before. She tried to have my husband arrested for taking down a blown down fence How worried should i be
1 ANSWER
Personal Injury Attorney serving Newport Beach, CA
Partner at
Bisnar Chase Personal Injury Attorneys, LLP
2 Awards
Based on what you've written, I think the chance of you being found liable for the neighbor's dog's medical bills is slight. I don't read anything which would lead me to consider that you and your husband have been negligent in the management of your dogs, and you must be negligent before you can be found liable.
It is good to step back and apply some common sense to this matter: when another dog invades your dog's space, why is it unreasonable to believe that your dog will protect her space? Why are you at fault because your dog follows her nature, bred into her after thousands of years? My evaluation might change if your dog had gotten out, went next door, and attacked the neighbor's dog, or if you had let your known aggressive dog get loose in the neighborhood where it attacked a neighbor's dog.
If you have homeowner's insurance you should consider providing them the information about the potential claim and allow them to do their work to adjust or deny the claim. I suggest that you follow their suggestions.
Brian Chase,
BISNAR|CHASE, Personal Injury Attorneys.
http://www.BestAttorney.com
http://www.ProductDefectNews.com
800-956-0123.
Answered on Feb 02nd, 2012 at 11:29 AM