Q: My dog supposedly jumped our fence and damaged the neighbors non fenced pool. Are we liable for cost of replacement?
We live out in the country and have seen racoons, opossum, deer, foxes, bob cats, coyotes, stray dogs, ect. around the area. Supposedly one of my dogs got out of our fenced in yard and jumped in our neighbors pool damaging the pool cover and the pool. They have not presented any evidence that it was one of our dogs. They have not said when it was that this happened. We have had problems this past month with 2 of the dogs jumping the fence. We keep making repairs and filling in holes. There are 3 large ponds within a mile, one being in our back yard. We have had the accused dog or dogs for 6 months to 2 years and have never had them jump into someones pool. A neighbor that does not own the pool came over demanding that we pay $300 to replace said cover and $3000 to fix or replace the pool. Estimates from professional have not been given or shown to us. The pool is an above ground pool with a ladder as entry in. The pool and cover has been in the sun and elements for at least 4+ years.
A: Don’t pay them anything g unless they provide you with irrefutable proof that it was your dog.
A:
In Kentucky, any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage. See KRS 258.235.
I recommend that you give your homeowners insurance carrier notice of the potential loss. I would also give your neighbor your insurance carrier's information. Failure to give your carrier notice may give them grounds to exclude the loss, exposing you to unnecessary risk. It will also be a good gesture to keep the peace.
Your insurance carrier will investigate the neighbor's claims for validity. I would make no assumptions concerning what proof the neighbor has or does not have, nor would I make any estimations about the value of depreciation to the alleged damaged property. Your insurance company is best situated to manage this situation for you. Your insurance company will also assign counsel to you in the event the situation is not resolved, and a suit is filed against you by the neighbor.
Rob Astorino Jr. agrees with this answer
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