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  #1  
Old 07-18-2002, 05:12 PM
ck37421
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Injury to Another dog


What is the name of your state? TN

Both our dog and our neighbors dog both managed to get out of our fenced backyards unknown to either of us. Our dog attacked their dog and the neighbor broke it up. Their dog was injured and required surgery.

Another neighbor had seen our dog laying in our yard and the dogs down the street barking at her. We have no way of knowing if their dog approached ours and it chased it home or if our dog wandered down to their house. The attack took place in their front yard.

I know our city has a lease law and both animals were in violation of the law by both being unrestrained. My question is who is responsible for the vet bills? Being that both dogs where out, my husband and I have offered to pay for half of the vet bills but the neighbors feel we are fully responsible because the attack happened in their front yard.

Any advice would be appreciated.
  #2  
Old 07-18-2002, 05:49 PM
southernponyboy
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Seems to me that as both owners were negligent by allowing dogs (somehow) out of fenced in area then neither party would be more liable than the other. However if your dog (or theirs) has any prior history of attacks then that may be a different case. If not, I think you are being very generous to pay 1/2 vet bills. The neighbor should go with this because in court they may not get ****zilch****.

Good Luck!
  #3  
Old 07-18-2002, 09:55 PM
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Join Date: Jan 2001
Posts: 12,066
Regardless of the fact their dog was loose, it does not give yor dog the right to injure the dog. As the owner of the dog, you can and will be held liable for the vet bills. southernponyboy, you are wrong. The OP presents no evidence to relieive themself from liablilty for the injuries and a judge would most likely find for the injured dog's owner. If the costs exceed your homeowners insurance deductible, your insurance should cover the amount over your deductible.

Last edited by racer72; 07-19-2002 at 12:08 PM.
  #4  
Old 07-18-2002, 10:07 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
My response:

I agree, wholeheartedly with my good friend, Racer. The fact is the other dog was on it's own property. Your dog, however, was not, and it was you that violated the "leash law" because it was YOUR dog that left your property to get to the other dog's property. Leash laws do not "count" on private property. They only come into play when a dog "leaves" it's owner's property - - like your dog did. You will be tagged for the entire vet bill.

BTW, Racer - -

Irregardless originated in dialectal American speech in the early 20th century. Its fairly widespread use in speech called it to the attention of usage commentators as early as 1927. The most frequently repeated remark about it is that "there is no such word." There is such a word, however. It is still used primarily in speech, although it can be found from time to time in edited prose. Its reputation has not risen over the years, and it is still a long way from general acceptance. Use regardless instead.

IAAL
  #5  
Old 07-19-2002, 12:08 PM
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Join Date: Jan 2001
Posts: 12,066
IAAL, I should know that too. The word regardless was on my word of the day calender a few weeks ago and that even stated that irregardless technically is not a word.
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