Q: My dog broke our fence and bit a dog that was provoking it, am I legally responsible for the veterinary bill?
Neighbors were walking there dog past our picket fence and let there dog come over and bark at our dog. Our dog doesnt get along with other dogs and was showing signs of being annoyed. The neighbor began to walk away when my dog broke 3 boards off our fence and bit their dog.
A: That's a tough question to answer. It seems both parties caused the incident, probably both parties being unaware of the consequences. The neighbors were negligent for not being aware of your dog's personality, and you probably should have built a stronger fence under the circumstances. If I were you, I would try to resolve this matter with each side admitting some form of negligence for their conduct, and you offering to pay at least a portion of the vet bills for the injured dog. Good Luck.
A:
Yes, you are liable. You have a duty to provide adequate fencing for your dog. You were in violation of the applicable leash law when your dog left your property due to your failure to have a safe fence. Further, if your dog is so violent that it will destroy a fence to attack another dog, you should have obtained some behavioral training for it.
Notify your homeowner's insurance. It may defend and indemnify you, up to policy limits, as long as you don't have an exclusion for dogs, or for your breed of dogs.
Finally, either fix your fence and train your dog, or find another, more responsible owner for it.
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