What is my liability here? Dog issues

[demelza]

My 60 lb. Lab pit mix was in our fenced in yard the other day when my neighbor was coming up his driveway with his two dachshunds and his lab dog on leashes.

My dog and the dachshunds are very territorial and bark at each other when walked by. Unfortunately there was a small gap in our fence at the bottom and my dog was barking at the neighbors dogs or pawing under the gap at the bottom.

I believe what happened was that one of the dachshunds bit my dog's paw, causing my dog to try to get the dog off her paw, leading to the dachshund's face to be injured bad enough to have to go to the e-vet and get stitched up and a $1500 bill.

My neighbor understands they have some fault in this but communicated they are expecting us to foot some of the vet bill. I agree my fence should be in good repair and if my dog was not territorial this wouldn't have happened so I can see I have some fault I this. What percent of the bill should we shoulder to be a good neighbor and maintain our good relationship?

[Deleted]

Sorry but I feel like this one is all on you. If the fence hadn't had a gap their dog likely wouldn't have gotten to yours. I think the fact that they're saying they have some responsibility is generous. I'd cover the bulk of it.

[twilightmv]

The most generic answer is you.

[mcmel]

If the gap being fixed would have truly prevented this then I do think it’s on you. I would ask them what they feel is fair and cover that amount.

I’m sorry. It sucks all around.

[wildrice]

Why was their dog right against your fence? Unless the gap is 6 feet from their door, I do think they should not have had their dog near your dog like that.

I think paying at least half would be reasonable.

[lemoncupcake]

The only fault I can see of the neighbor is that he allowed his animals to come onto your property. Although the hole in your fence allowed your dog to injure his, if he had proper control over his dogs (they were on leashes, ffs) he should/could have kept them off your property and away from the fence.

In the end I’d offer to pay all or most of the cost, though, since it was ultimately your dog that injured the other. That’s assuming that it’s not a significant financial hardship and it’s worth salvaging a good neighborly relationship.

[rosiebear]

If the dogs go after each other, why is she even walking them directly past your dog? Cross the street!

I don’t think it’s entirely your fault when it seems a very common sense and simple thing to have avoided it altogether.

ETA: getting more info, including that the neighbors is elderly and that the hole in your fence is 6 inches, is changing my mind. Although your neighbor could have gone a different way around the house, I now think the fault is much more yours.

[nicbreeful]

I would offer half.

[cleo29]

Aug 1, 2019 20:50:03 GMT -5 rosiebear said:

If the dogs go after each other, why is she even walking them directly past your dog? Cross the street!

I don’t think it’s entirely your fault when it seems a very common sense and simple thing to have avoided it altogether.

i think this is her next door neighbor; he was walking up his driveway. I do think it would have been prudent to keep your much smaller dog away from the a larger dog who is clearly trying to dig a way to that smaller dog.

OP, i think you need to do what they ask and then fix your fence.

[demelza]

The frustrating part is my neighbor does have options & going up their driveway right by my house riles my dog and their dashhounds and could be avoided by just going all the way around his house instead of going up the driveway between our houses. He could use his front door or walk around the back of his house(he has a corner lot and his driveway is on two streets) our houses are small so it wouldn't add much distance at all to his walk. He is elderly and has trouble with balance and walking so he did not have a fast reaction to pull the leash away when his dogs approached the fence. He loves walking his dogs and should be able to use whatever part of his driveway he wants but the fact is where he is choosing to walk is antagonzing both his dogs and mine and is pretty easily avoidable.

[FastHands]

Guys it's an ajoining neighbor. They can't cross the street to get into their house.

Technically they were still on your property, OP, assuming it's your fence within your property line, but being an adjoining neighbor, idk where the true liability would lie from a legal perspective, but in your shoes I would feel awful that my dog hurt my neighbor's dog and would pay it all unless I truly couldn't afford to (and honestly then I'd pay what I could now and would continue to pay as I was able).

[FastHands]

Aug 1, 2019 21:02:49 GMT -5 demelza said:

The frustrating part is my neighbor does have options & going up their driveway right by my house riles my dog and their dashhounds and could be avoided by just going all the way around his house instead of going up the driveway between our houses. He could use his front door or walk around the back of his house(he has a corner lot and his driveway is on two streets) our houses are small so it wouldn't add much distance at all to his walk. He is elderly and has trouble with balance and walking so he did not have a fast reaction to pull the leash away when his dogs approached the fence. He loves walking his dogs and should be able to use whatever part of his driveway he wants but the fact is where he is choosing to walk is antagonzing both his dogs and mine and is pretty easily avoidable.

This is not a good look.

[sarahsays]

I would offer to pay half, but pay all of it if they pushed it.

I would also not have my dog outside unattended so that in the future if something happens, I know exactly what the circumstances are.

[fryjack2]

You have a dog that is territorial and bites and a hole in your fence.

I’m missing where this would be anyone’s fault to pay but your own.

[cleo29]

Aug 1, 2019 21:02:49 GMT -5 demelza said:

The frustrating part is my neighbor does have options & going up their driveway right by my house riles my dog and their dashhounds and could be avoided by just going all the way around his house instead of going up the driveway between our houses. He could use his front door or walk around the back of his house(he has a corner lot and his driveway is on two streets) our houses are small so it wouldn't add much distance at all to his walk. He is elderly and has trouble with balance and walking so he did not have a fast reaction to pull the leash away when his dogs approached the fence. He loves walking his dogs and should be able to use whatever part of his driveway he wants but the fact is where he is choosing to walk is antagonzing both his dogs and mine and is pretty easily avoidable.

Maybe, with his balance and walking issues, the driveway is easier and safer for him to navigate? Also, this could have been avoided if your fence had been in good repair, right? Because that is what he could say to you.

Frankly, if your dog riles easily, I would be careful leaving it out in the yard alone, period. Make sure your fence is in good shape everywhere.

[demelza]

Aug 1, 2019 21:04:15 GMT -5 FastHands said:

Aug 1, 2019 21:02:49 GMT -5 demelza said:

The frustrating part is my neighbor does have options & going up their driveway right by my house riles my dog and their dashhounds and could be avoided by just going all the way around his house instead of going up the driveway between our houses. He could use his front door or walk around the back of his house(he has a corner lot and his driveway is on two streets) our houses are small so it wouldn't add much distance at all to his walk. He is elderly and has trouble with balance and walking so he did not have a fast reaction to pull the leash away when his dogs approached the fence. He loves walking his dogs and should be able to use whatever part of his driveway he wants but the fact is where he is choosing to walk is antagonzing both his dogs and mine and is pretty easily avoidable.

This is not a good look.

I'm totally admitting some fault here and looking to vent about the situation. I'm looking to get some advice obviously want to paint a picture of what happened and be responsible.

[skidunks]

I would probably offer/feel responsible for half. Yes, your dog did the damage but his dog was also involved.

[knx9211]

Also what makes you “believe” his dog bit yours first? Did he tell you that?

[eb777888]

Aug 1, 2019 21:11:19 GMT -5 fryjack2 said:

You have a dog that is territorial and bites and a hole in your fence.

I’m missing where this would be anyone’s fault to pay but your own.

Yeah, I'm scratching my head at some of these responses. I keep rereading the OP to see what I'm missing. 

ETA: I think you're responsible for all of it. Dogs get out, I get it. It sucks. But it does seem that you're responsible. 

[liverandonions]

I’m having a really hard time picturing how your dog was that close to his driveway. Likely I’d offer to pay half if the fence repair could have stopped this.

[demelza]

Aug 1, 2019 21:17:27 GMT -5 knx9211 said:

Also what makes you “believe” his dog bit yours first? Did he tell you that?

I think he would be asking for us to foot the entire bill if my dog bit first.

[namasteak]

I would pay half. Your neighbor should have had control over his dog and you should have had a secured fence. Both of you are at fault so I think both of you should pay.

[devonpow]

Yeah this is on you. It sounds like a pretty big gap if a 60 pound dog was able to get his head enough in to cause that damage? If I had a territorial dog that was unattended in the yard I would make sure it was very secure.

Also just wondering if the vet reported it. My dog got a small puncture wound bite from an unknown dog (we think from a tussle at the dog park that we didn’t think was a big deal at the time) and our vet automatically had to report that she had a dog bite and she was quarantined at home for 45 days since it was an unknown dog. If the dog was known and had proof of vaccinations they both would have been quarantined for 2 weeks. Wondering if MA is really strict with this stuff or if it’s the same everywhere.

[knx9211]

Aug 1, 2019 21:22:38 GMT -5 demelza said:

Aug 1, 2019 21:17:27 GMT -5 knx9211 said:

Also what makes you “believe” his dog bit yours first? Did he tell you that?

I think he would be asking for us to foot the entire bill if my dog bit first.

Look at these answers. Some people think it was the owners fault for “letting his dog get too close.” I wouldn’t guess that he requested that because his dog bit first at all. He might just be nice or trying not too ruffle too many feathers with a neighbor. I don’t think it’s a fair assumption by any stretch.

But yeah. That sounds like a sizable hole in the fence with a dog that bites. Pay it to the extent you’re able.

[knx9211]

Aug 1, 2019 21:18:52 GMT -5 eb777888 said:

Aug 1, 2019 21:11:19 GMT -5 fryjack2 said:

You have a dog that is territorial and bites and a hole in your fence.

I’m missing where this would be anyone’s fault to pay but your own.

Yeah, I'm scratching my head at some of these responses. I keep rereading the OP to see what I'm missing. 

ETA: I think you're responsible for all of it. Dogs get out, I get it. It sucks. But it does seem that you're responsible. 

Yeah I’m so confused. Maybe it’s because I’m not necessarily a dog person. But if a dog is poking his head out or pawing through a hole in the fence, OF COURSE the other dog is going to run over and the elderly owner couldn’t pull him back in time. It wouldn’t have happened without the hole in the fence no matter what this other dog did.

[demelza]

It was probably about a six inch gap from the ground to the fence. My dog does have a small head compared to her body size.

[cleo29]

Aug 1, 2019 21:22:38 GMT -5 demelza said:

Aug 1, 2019 21:17:27 GMT -5 knx9211 said:

Also what makes you “believe” his dog bit yours first? Did he tell you that?

I think he would be asking for us to foot the entire bill if my dog bit first.

I would not assume this. I think he felt badly that his dog was barking back and all that.

[Deleted]

Aug 1, 2019 21:27:04 GMT -5 knx9211 said:

Aug 1, 2019 21:18:52 GMT -5 eb777888 said:

Yeah, I'm scratching my head at some of these responses. I keep rereading the OP to see what I'm missing. 

ETA: I think you're responsible for all of it. Dogs get out, I get it. It sucks. But it does seem that you're responsible. 

Yeah I’m so confused. Maybe it’s because I’m not necessarily a dog person. But if a dog is poking his head out or pawing through a hole in the fence, OF COURSE the other dog is going to run over and the elderly owner couldn’t pull him back in time. It wouldn’t have happened without the hole in the fence no matter what this other dog did.

This is what is confusing me about these responses. If the fence was fine, it wouldn't have happened. I don't see how the other person is responsible at all. 

[mcmel]

A 6 inch gap is pretty big IMO. I’ve put bricks in spots around my fence for far less.

I would feel especially bad that he’s elderly and probably living on a fixed income. I’m leaning more towards paying the entire bill.

[FastHands]

Aug 1, 2019 21:12:18 GMT -5 demelza said:

Aug 1, 2019 21:04:15 GMT -5 FastHands said:

This is not a good look.

I'm totally admitting some fault here and looking to vent about the situation. I'm looking to get some advice obviously want to paint a picture of what happened and be responsible.

I get being frustrated that the situation happened, but your suggestion that maybe your elderly neighbor walking his dogs on leash, on his property, should make other arrangements/accomodations so that your off-leash dog with inadequate containment doesn't bite their dog? As I said, not a good look.