Q: Our neighbors dogs pulled my dog thru their poorly secured fence & killed her, what can I do to hold them liable for it?
My 14 yr old daughter was walking our small dogs by our neighbors fence and one of their Husky dogs stuck it’s head thru the slats that had poorly secured chicken wire on it and bent the wire out of the way and grabbed my dog by her head and pulled thru their fence and attacked and killed her. The neighbors are saying it was all our fault and are not claiming any responsibility for anything but it just doesn’t seem legal that they have a poorly secured fence where their dogs can pull other small dogs thru and kill them. Animal Control said it was out of their jurisdiction since it happened in city limits and so far the City Police haven’t done anything about it except tell them to reinforce their fence. Can’t they be charged or at least citied or fined for having an unsafe poorly secured fence that lead to another dogs brutal death? And shouldn’t they have to help pay my vet bill?
A: If your neighbors are homeowners or have renters insurance they might be worth suing. To do a full analysis, an attorney would need to know the city and county, as local laws vary. If this occurred in a city, then there may be some laws about owners being liable if their dogs are at-large. One could make an argument that their dog left the property when he moved his head away from the owner's property and over the public sidewalk. If they were to successfully claim that your dog voluntarily went onto their property, then there would likely be no claim, as your dog would be the trespasser. They may also claim contributory negligence if your dog was too close to the fence, but I think that is a weak argument if your dog was leashed and on the public sidewalk or street. Your damages would likely be limited to your actual monetary damages. If your damages are under $10,000.00 there may be attorney fees available if a lawsuit must be filed after a properly prepared proof of loss is sent to the dog owner.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
