Q: If someone comes uninvited onto my property and let's out my dogs, can I hold them responsible for any damages?
I live in a trailer court that only allows a four foot chain link fence. It is accessible by anyone walking on the sidewalk. I am confident that someone opened my fence on purpose to allow my dogs to get out. While they were out, they killed a neighbors rabbits and although the neighbors didn't press charges, they, fully within their rights, desire to be compensated for their loss. My only evidence in defense of my dogs is 1) they have been in the same fenced area for 6 weeks with no attempts to get out. 2) at the gate, there is a bar that must be lifted out of a wire loop in order for the gate to open. There were no skid marks in the mud that most definitely would have occurred if my dogs had been attempting escape and the wire loop was not damaged, therefore, I conclude the bar was lifted. 3) we have already received an anonymous complaint from a neighbor to our property manager regarding our dogs which gives at least 1 neighbor motive to take things into their own hands.
A: Your defense is not good unfortunately. Short of getting a signed confession rom the person who lifted the bar that allowed the dogs to escape, I’m afraid that you’re absolutely 100% liable.
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