Omaha, NE asked in Animal / Dog Law for Nebraska

Q: If I have a fenced in back yard and the neighbor does not, what is my liability if their dog puts its face through the f

Am I financially responsible?

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2 Lawyer Answers

A: Put up a Beware of Dog sign. Talk with your neighbor and let them know that your dog is not friendly and that they shouldn't let their dog come into your yard or try to get through your fence into your yard. Depending on your level of concern and the power of your dog, you could put up mesh or paneling if you are very concerned that your dog could be a danger to other dogs or children that may be tempted to put their hands through the fence. Generally keeping your own pet on your property and warning others that the dog is not friendly is enough to protect you from most liability if another dog enters onto your property.

A: If your fence is properly maintained, you generally would not be liable if a neighbor's dog puts its face through it and gets injured. The responsibility typically falls on the dog’s owner to control their pet. Your liability would only arise if there is a defect in your fence that creates a foreseeable hazard. Local laws and ordinances may impose additional duties, but these are usually minimal in such cases.

To avoid potential issues, ensure your fence is in good condition and consider discussing boundary concerns with your neighbor. But that doesn't really mean you won't face some type of lawsuit if your dog totally manhandles and destroys the other dog. What you are liable for and what you will ultimately get sued for are two completely different things. You may or may not share some responsibility.

If you are that worried, it might be something to take seriously and make sure the fix is one a dog can't stick its head through - since it is foreseeable a dog may do such a thing.

Hope that helps.

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