Responsibility for Defective Yard Fence

[Brokenwolf]

What is the name of your state (only U.S. law)? Texas

My yard is separated from my neighbor's yard by a 7-foot tall vinyl privacy fence. I paid for this fence. It has been in place for 2 years. As far as I am aware, the fence functioned as intended - as a privacy yard fence that also formed one boundary of our dogs' enclosure. As the fence has withstood 40 mph wind conditions recently, I didn't think there was anything wrong with it. I was never aware of any installation or manufacturing defect.

My neighbor has two very large dogs - a Newfoundland and a Russian sheepdog. These dogs are persistently aggressive along that fence boundary and for the past two years they have repeatedly body-slammed it and jumped up against it. The owner makes no effort to stop them from doing this.

Last May these dogs pushed two of the vinyl planks out of one panel of the fence. They did not break the planks but just pushed them out of place so that the fell over. We were able to pry the pieces back into place.

Now the dogs have gotten into my yard again, in the same manner, and they have attacked and bitten my husband. He is not severely injured but the city where we live is trying to have the dogs declared dangerous.

The neighbor now claims that I am at fault because my fence is "defective." My take on this is that I am not obliged to maintain any fencing at all around our property, nor can I be liable for not containing/enclosing someone else's dogs - that is his job, not mine. The fence controls my dogs adequately, and that seems to be all I am obliged to do. I don't see the need to repair it - I think the neighbor needs to take additional steps to enclose his own animals.

Any input? Who's right on this issue?

[You Are Guilty]

If the fence is on your property, you are.

[HelpinMN]

I would agree that you are responsible for maintaining your fence but I would think you are not responsible for keeping your neighbors dogs contained.

[HomeGuru]

Originally Posted by Brokenwolf

What is the name of your state (only U.S. law)? Texas

My yard is separated from my neighbor's yard by a 7-foot tall vinyl privacy fence. I paid for this fence. It has been in place for 2 years. As far as I am aware, the fence functioned as intended - as a privacy yard fence that also formed one boundary of our dogs' enclosure. As the fence has withstood 40 mph wind conditions recently, I didn't think there was anything wrong with it. I was never aware of any installation or manufacturing defect.

My neighbor has two very large dogs - a Newfoundland and a Russian sheepdog. These dogs are persistently aggressive along that fence boundary and for the past two years they have repeatedly body-slammed it and jumped up against it. The owner makes no effort to stop them from doing this.

Last May these dogs pushed two of the vinyl planks out of one panel of the fence. They did not break the planks but just pushed them out of place so that the fell over. We were able to pry the pieces back into place.

Now the dogs have gotten into my yard again, in the same manner, and they have attacked and bitten my husband. He is not severely injured but the city where we live is trying to have the dogs declared dangerous.

The neighbor now claims that I am at fault because my fence is "defective." My take on this is that I am not obliged to maintain any fencing at all around our property, nor can I be liable for not containing/enclosing someone else's dogs - that is his job, not mine. The fence controls my dogs adequately, and that seems to be all I am obliged to do. I don't see the need to repair it - I think the neighbor needs to take additional steps to enclose his own animals.

Any input? Who's right on this issue?

**A: what did your insurance agent tell you about this situation?

[Brokenwolf]

Good question, homeguru.

The insurance agent told me that damage by the dogs is not a "covered peril," after doing some research on it.

He also informed me that my liability coverage would protect me if the neighbor found a way to sue, but he did say that if the fence was "functioning within expected tolerances," I could not really be found negligent.

After all, it is a yard fence, pure and simple - it was not chosen, built or intended to restrain full-body impacts from large animals.

My only recourse to recover costs from any necessary repairs is to sue my neighbor. Not something that appeals to me at all.

Thanks!

[sagito327]

Dog owners are responsible for their dogs. It seems silly to me that he would say his dog crossed into your property because YOUR fence was defective. I don't know whether you could be granted relief against your neighbor, but I am confident that you are not negligent.