Q: My dog reached over the fence and bit my neighbor. She approached as he was barking and did not stop when
I told her to wait and let me get my dog. She was coming out to get her 4 aggressive dogs who she lets out unsupervised multiple times a day. They always run straight to the fence and bark viciously at us and our dog. We have spoken to them many times about this they have agreed their dogs are taunting my dog. My dog who has never bitten before has developed a fence aggression because of this. Recently my dog has been barking at them and jumping up on the fence. We believe they have instigated this. I was in the yard having a play/training session with my dog when she let hers out. After several minutes of their barking she walked directly to the fence where my dog was and leaned down to get one of her dogs and as she stood up he bit her. We have tried repeatedly to work with these people to alleviate the problem. Would her barking dogs be considered as provoking my dog? Would she have some liability for approaching a barking dog at the fence when I asked her not to?
A: Not sure what the dog bite law in Missouri is, but many states there is the one free bite rule. California has strict liability. That said, it sounds like the injured person was on her property the whole time, and one general has a right not to be bitten while at home from someone else's dog, regardless of any provocation.
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