Irvine, CA asked in Animal / Dog Law for California

Q: My dog, fenced with-in my yard dug a hole on my fence. My adjoining neighbors dog stuck his head thru and my dog bit it

on my property side. They seek full vet reimbursement (4.8K) . They do not have a fence, I built the fence on my property line. Everyone is in agreement that their dog stuck it's head onto our property. What is my liability?

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2 Lawyer Answers
William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Perhaps none. You are responsible to maintain your fence to control your dog. However, their dog entered your yard. That is their responsibility. I don't think you have a duty to keep their dog out. However, notify your homeowners insurer. It may have a duty to defend and indemnify you.

William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: The fact that your dog created the gap through which their dog entered and was injured might suggest some responsibility on your part, but that is a question to be resolved by the trier of fact after a Small Claims trial.

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