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.
Post by Leeham Rimes on Aug 1, 2019 21:52:06 GMT -5
I’m not a lawyer but based on all the judge Judy I’ve watched: I would say that technical fault would be based on where your property line is. If the dogs came onto your property, started barking and pawing at your fence, and got injured, the fault first started when they trespassed. The disrepair of the fence likely wouldn’t matter legally, bc even if there was NO fence:. If they were on your property uninvited, that’s where the fault lies. They were trespassing.
Is that the neighborly answer? Probably not. Is this gonna be a popular answer on ML? Definitely not.
I’d probably offer half of the vet bill without admitting fault.
I need ham like water Like breath, like rain I need ham like mercy From Heaven's gate Sometimes ham salad or casserole or ham that’s free range, all natural I need ham
I’m not a lawyer but based on all the judge Judy I’ve watched: I would say that technical fault would be based on where your property line is. If the dogs came onto your property, started barking and pawing at your fence, and got injured, the fault first started when they trespassed. The disrepair of the fence likely wouldn’t matter legally, bc even if there was NO fence:. If they were on your property uninvited, that’s where the fault lies. They were trespassing.
Is that the neighborly answer? Probably not. Is this gonna be a popular answer on ML? Definitely not.
I’d probably offer half of the vet bill without admitting fault.
This was my line of thinking. I have a fence that is set back 5’ and a neighbor whose dog likes to stick her head through it and paw at my dog. She’s gentle, but also trespassing, technically. The law firm worker in me has thought about this, but luckily it has never been an issue.
That said, OP, I would say pay half if you can swing it. And fix the fence ASAP!
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.
No words
. Right. Maybe the dogs wouldn’t be riled if they weren’t outside unattended? 🤷♀️
I’m not a lawyer but based on all the judge Judy I’ve watched: I would say that technical fault would be based on where your property line is. If the dogs came onto your property, started barking and pawing at your fence, and got injured, the fault first started when they trespassed. The disrepair of the fence likely wouldn’t matter legally, bc even if there was NO fence:. If they were on your property uninvited, that’s where the fault lies. They were trespassing.
Is that the neighborly answer? Probably not. Is this gonna be a popular answer on ML? Definitely not.
I’d probably offer half of the vet bill without admitting fault.
Does this hold if it's an adjoining neighbor? even though the fence was maybe a foot or 2 into your property line, I don't think you could say the neighbor is trespassing when they're standing in "their" yard, could you? Legally, yes, it's your property, but I think there's a grey area of enforceability.
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.
No words
. Right. Maybe the dogs wouldn’t be riled if they weren’t outside unattended? 🤷♀️
With a 6 inch gap that she can get her small head through.
I’m not a lawyer but based on all the judge Judy I’ve watched: I would say that technical fault would be based on where your property line is. If the dogs came onto your property, started barking and pawing at your fence, and got injured, the fault first started when they trespassed. The disrepair of the fence likely wouldn’t matter legally, bc even if there was NO fence:. If they were on your property uninvited, that’s where the fault lies. They were trespassing.
Is that the neighborly answer? Probably not. Is this gonna be a popular answer on ML? Definitely not.
I’d probably offer half of the vet bill without admitting fault.
Right. But around here anyway whether the dog is on my property or not, if I don’t have a fence, he needs to be on a leash. So. I think she still needs to pay. And I have a riley barky dog myself.
I take my Jack Russell on daily walks. He is a little shit and would and will fight a Rottweiler if I let him get that close. There are at least 6 homes that I pass with aggressive large breed dogs that i pass on these walks. If I let him, he’d try to fight them all, so I DON’T. I immediately cross always. So, yes, sometimes stuff happens with dogs that you can’t control and then YES, sometimes you can avoid these situations. I’d offer half. Especially knowing my dog and that I could help avoid these situations with my own actions, as I assume most responsible dog owners should be able to do the same.
I’m not a lawyer but based on all the judge Judy I’ve watched: I would say that technical fault would be based on where your property line is. If the dogs came onto your property, started barking and pawing at your fence, and got injured, the fault first started when they trespassed. The disrepair of the fence likely wouldn’t matter legally, bc even if there was NO fence:. If they were on your property uninvited, that’s where the fault lies. They were trespassing.
Is that the neighborly answer? Probably not. Is this gonna be a popular answer on ML? Definitely not.
I’d probably offer half of the vet bill without admitting fault.
Does this hold if it's an adjoining neighbor? even though the fence was maybe a foot or 2 into your property line, I don't think you could say the neighbor is trespassing when they're standing in "their" yard, could you? Legally, yes, it's your property, but I think there's a grey area of enforceability.
I wish I would have gone to law school, just so I can be right all the time on ML. Lol. I obviously don’t know the legal answer to this question but I’d venture to guess the second you’re on someone else’s property uninvited, you’re trespassing and that’s legally enforceable as there are clear property lines for a reason.
I need ham like water Like breath, like rain I need ham like mercy From Heaven's gate Sometimes ham salad or casserole or ham that’s free range, all natural I need ham
I guess I was kind of assuming that the fence was the property line based on how close the driveway is. My neighbor’s driveway is literally about three feet from the fence that we share and the fence itself is the property line. It’s just how it’s typically zoned here in my suburb.
I guess I was kind of assuming that the fence was the property line based on how close the driveway is. My neighbor’s driveway is literally about three feet from the fence that we share and the fence itself is the property line. It’s just how it’s typically zoned here in my suburbs.
What’s the property situation, OP?
Could come down to a whisker. 🤐
So, smaller than a larger dog could get his tiny head through??
I guess I was kind of assuming that the fence was the property line based on how close the driveway is. My neighbor’s driveway is literally about three feet from the fence that we share and the fence itself is the property line. It’s just how it’s typically zoned here in my suburb.
What’s the property situation, OP?
The fence appears to be the property line at our house.. but our homes are 100 years old and our place probably hasn't been surveyed in a long time since we didn't get that info at closing 8 years ago.
You should pay the whole bill. If he insists on paying some, you should pay more than half - at least $1000. And if you really do want to be a good neighbor, block the fence gap temporarily first thing in the morning, and have some calls in to schedule repair before going over tomorrow with your checkbook. And definitely don’t suggest that your elderly neighbor with mobility issues should walk a longer route on his own property. Come on.
Post by Doggy Mommy on Aug 1, 2019 23:10:32 GMT -5
Your dog did the biting, and your fence has the hole. I think you should pay it all, fix the fence, and not allow your dog outside unsupervised (and keep him on a leash until you get the fence fixed).
And really, fixing your fence asap is not just a good idea as a neighbor, but also as a dog owner. It’s unfair to your dog to allow him that much opportunity to act on his territorial issues.
I guess I was kind of assuming that the fence was the property line based on how close the driveway is. My neighbor’s driveway is literally about three feet from the fence that we share and the fence itself is the property line. It’s just how it’s typically zoned here in my suburb.
What’s the property situation, OP?
The fence appears to be the property line at our house.. but our homes are 100 years old and our place probably hasn't been surveyed in a long time since we didn't get that info at closing 8 years ago.
Sounds like liability may come down to nuance and interpretation of your specific laws (ex: yes other dogs were on leash but still not in control if the owner couldn’t stop them from going too far-like a retractable leash situation. Other example of nuance: did other dog stick their paw in and your dog bit or did your dogs head get out from under fence and bite other dog.)
I need ham like water Like breath, like rain I need ham like mercy From Heaven's gate Sometimes ham salad or casserole or ham that’s free range, all natural I need ham
I feel differently than most of comments here. I don't blame you for this situation.
As a dog owner, if my dog ran up to a fence to square off with another dog, and got himself injured in the process, it would be MY fault. Not the other dog, and not the other dog's owner. MY FAULT. I would not ask the other owner to pay a dime, because I should've had better control of my dog.
My dogs are my responsibility, and it's my job to protect them. No one else's.
Your neighbor was being irresponsible with his dogs. If he has mobility issues, and he can't always keep control of his dogs, then the responsible thing to do would be to avoid walking close to your fence. Or maybe don't walk all 3 dogs at once. Does he use extendable leashes? If so, he needs to look into other leashes that don't let his dogs get so far away from him.
I think offering to pay for some of the bill is the kind thing to do.
I feel differently than most of comments here. I don't blame you for this situation.
As a dog owner, if my dog ran up to a fence to square off with another dog, and got himself injured in the process, it would be MY fault. Not the other dog, and not the other dog's owner. MY FAULT. I would not ask the other owner to pay a dime, because I should've had better control of my dog.
My dogs are my responsibility, and it's my job to protect them. No one else's.
Your neighbor was being irresponsible with his dogs. If he has mobility issues, and he can't always keep control of his dogs, then the responsible thing to do would be to avoid walking close to your fence. Or maybe don't walk all 3 dogs at once. Does he use extendable leashes? If so, he needs to look into other leashes that don't let his dogs get so far away from him.
I think offering to pay for some of the bill is the kind thing to do.
I agree with this. Your dog got bit first right? On the paw? So your dog was reacting to his injury. Clearly your fence needs to be fixed, no doubt. And neither owner is completely innocent. But I don't think it's 100% your dog's fault here. Or yours. I would feel bad for the other dog and owner though and want to help with the vet bill. But not pay the entire thing!
I see there is some hair splitting happening. My view point was based on how *I* handle my dogs when out with them. Houses here are close together, if I walked up the left side of my drive I’d be close to my neighbors fence, but I also keep a strong hold on my dogs and if I knew they had a dog in the yard I would avoid going right by that area. 🤷♀️
I see that he is older and may have some mobility issues, which makes me sympathetic and I’d agree to split.
But me, personally, if my dogs, while on leash, ran up to a fence with me behind I would think *I* needed to have better control of my dogs. (<<< too tired to make this sentence sound better, lol)
I kind of agree with this. I sympathize that this is an older man with mobility issues, but perhaps it is not smart to be walking three dogs at once then, especially when at least one is reactive and he can’t keep control of it.
Not exactly the same, but we had an incident at the dog park recently. A lab was running next to my dog and pretty much on top of him and in his face. My dog is smaller (30 lbs) and was running back to me with his ball (which he is obsessed with). The lab got into his face and my dog gave him a warning nip and growl and caught the lab's ear. Blood pouring from his ear and $500 at the e-vet. We offered to pay half. I think the owner of the lab was expecting us to pay all of it. We felt half was fair and most people we asked said that was generous.
Being that this happened on your property and the other dog nipped at your dog's paw first, I would say half is very generous. Especially since your neighbor knows how the dogs are toward each other.
Yeah, my original response was based on the thought that his dogs were on your properly unnecessarily. I was kind of picturing my old house where there was a section of fence facing the street that was not facing my neighbors' property.
If the dogs were in their own yard on his property and your dog stuck its head out onto theirs, you should pay the whole thing. If they were on your property I think half is more fair, but paying it all wouldn't be out of line either
While I agree a dog should not be unattended in the yard, I think part of the point of having a yard is that you can let the dog out to do it's stuff without having to be with it 100% or the time. I would have never in a million years let my dogs out while I was not home, but I usually just hung out in the rooms within earshot when I'd let them out. If I heard barking I'd go get them but if they wanted to enjoy the space for a bit there was no reason to watch them the whole time. I guess I am unclear here if someone was home to go outside right after this happened?
This thread is baffling. The dogs did not leave his property and she’s simply GUESSING that his dog bit hers. “He’d better walk his dogs on a 4 inch leash somewhere else other than his property then if he doesn’t want them to get bit!!!”
Also if the fence is on the property line, and the dog stuck it’s head through to bite, it’s OP’s dog that was on the other property, no? I feel like I’m taking crazy pills.
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 he needs to walk up the driveway if he has balance issues? Is that route avoiding steps perhaps?
I’d pay half at the very least and fix the fence ASAP. You knew the issue and let the fence fall into disrepair. What if it was a person’s foot he went after?
Is your dog injured at all? It sounds like you are guessing that he was somehow bit and not that he just stuck his head through the hole and went after the dog unprovoked.
Also if the fence is on the property line, and the dog stuck it’s head through to bite, it’s OP’s dog that was on the other property, no? I feel like I’m taking crazy pills.
Yes! That’s what I’m saying. He stuck his head through the fence and injured some dogs walking in their own yard.
I take my Jack Russell on daily walks. He is a little shit and would and will fight a Rottweiler if I let him get that close. There are at least 6 homes that I pass with aggressive large breed dogs that i pass on these walks. If I let him, he’d try to fight them all, so I DON’T. I immediately cross always. So, yes, sometimes stuff happens with dogs that you can’t control and then YES, sometimes you can avoid these situations. I’d offer half. Especially knowing my dog and that I could help avoid these situations with my own actions, as I assume most responsible dog owners should be able to do the same.
But this is an elderly man walking his leashed dogs in his own yard near a fenced in yard. I wouldn’t assume the neighbor’s dog would attack my dogs under a fence. That’s quite a leap to make.