Neighbor child and our dogs

[TNBSMommy]

What is the name of your state (only U.S. law)? MS
I'm not sure if I'm posting in the right area, but I have a question regarding our next door neighbor. We have two dogs. The dogs are ALWAYS in our fenced back yard or in our house. Our fence is a 6 foot privacy fence. We have had several issues lately with the neighbors child, who is probably 3 or 4.
1) My husband was home alone one day and had the windows open(no screens, and the blinds were open). Long story short, this child decided to climb IN our window, apparently he didn't see my husband. Our biggest dog, a German Shepherd, was turning his head at the noise, when the mother called the kid to come home. He was halfway in the window when she called him. My husband noticed about a split second before she called him and turned around to him being halfway through.
2) I opened the back door one day, let the dogs out, they HIGHTAILED it to the fence barking and growling, when I looked up, this child was ON TOP OF OUR FENCE. Their father was out there with them in their back yard. I couldn't see through the fence, but there is NO way that child was up there without help. Unless they've moved something up against it. My GSD came within inches of biting him that day.

3) Today, my stepdaughter is outside with the dogs, who are barking at the fence, up against it, which they do when the kids next door are banging things and sticking things through the fence, apparently he stuck his finger through, and our smallest dog (a little hound mix), got his finger, or startled him, I am honestly not sure. My stepdaughter says she hears "did that mutt bite you? I'm going to sue them". She immediately said back to the woman, "if your kid would not stick his fingers through he wouldn't have been bit" and the woman responds with "oh I didn't know you were back there."

4) this kid has walked into our garage while it was open when my husband was in there, took off running when he saw him.

I really don't want to pay the price for someone else not controlling their child, and my animals protecting THEIR home and people. I honestly feel like she is deliberately letting this happen! She KNOWS we have dogs, she KNOWS what kind they are! Do we seriously need to be concerned with her allowing her kid to come onto OUR property and turning around suing us if he gets bitten? I mean, I know she CAN sue us, but do we need to be worried that she would have a case?

Thanks so much and if I'm in the wrong area, please let me know.

 

[OHRoadwarrior]

I would revisit my dog security if a child can be bitten that easily.

 

[TNBSMommy]

If you are hanging OVER my fence, you are in one of my dogs reach if he jumps. If you have a finger stuck through the slots, your finger can be reached by the dog. If half of your body is INSIDE my living room, my dogs can reach you. My dogs have never bitten anyone, but this is the first person who is continuously putting himself within their reach inside MY property, OVER or THROUGH a fence, without my blessing or permission.

My dogs, at no point, have gone outside of our fence or living room. He came in.

 

[FarmerJ]

Send the neighbors a letter , in it outline the child climbing in the window and the date. Fence climbing mention that the fence is your property and it is not to be used as a jungle jim and date the child climbed over it. Provoking the dog (s) well I guess you may well want to install a nanny cam and record record record your back yard. send your letter via certified , keep copy to self. 2nd suggestion about the fence , make it taller, add barbed wire to the top. about the window , I assume you do know what window screens are?very low cost way to prevent this from repeating is to install screens and if it does then I would say pull the child gently thru and call the police , why call them , I guess if the child is able to do that sort of thing due to lack of parental supervision then the parent can explain to a police officer WHY they could not be outside with the child. Even if you think you have no liability for your dogs actions on your property you still do and if you use the links above to speak with a atty the atty can tell you alot more of what to legally expect re dog bites .

 

[Zigner]

I would revisit my dog security if a child can be bitten that easily.

This is an excellent answer - but not for this thread

Given the circumstances outlined, the OP is doing just fine with "dog security."

 

[Just Blue]

What is the name of your state (only U.S. law)? MS
I'm not sure if I'm posting in the right area, but I have a question regarding our next door neighbor. We have two dogs. The dogs are ALWAYS in our fenced back yard or in our house. Our fence is a 6 foot privacy fence. We have had several issues lately with the neighbors child, who is probably 3 or 4.
1) My husband was home alone one day and had the windows open(no screens, and the blinds were open). Long story short, this child decided to climb IN our window, apparently he didn't see my husband. Our biggest dog, a German Shepherd, was turning his head at the noise, when the mother called the kid to come home. He was halfway in the window when she called him. My husband noticed about a split second before she called him and turned around to him being halfway through.
2) I opened the back door one day, let the dogs out, they HIGHTAILED it to the fence barking and growling, when I looked up, this child was ON TOP OF OUR FENCE. Their father was out there with them in their back yard. I couldn't see through the fence, but there is NO way that child was up there without help. Unless they've moved something up against it. My GSD came within inches of biting him that day.

3) Today, my stepdaughter is outside with the dogs, who are barking at the fence, up against it, which they do when the kids next door are banging things and sticking things through the fence, apparently he stuck his finger through, and our smallest dog (a little hound mix), got his finger, or startled him, I am honestly not sure. My stepdaughter says she hears "did that mutt bite you? I'm going to sue them". She immediately said back to the woman, "if your kid would not stick his fingers through he wouldn't have been bit" and the woman responds with "oh I didn't know you were back there."

4) this kid has walked into our garage while it was open when my husband was in there, took off running when he saw him.

I really don't want to pay the price for someone else not controlling their child, and my animals protecting THEIR home and people. I honestly feel like she is deliberately letting this happen! She KNOWS we have dogs, she KNOWS what kind they are! Do we seriously need to be concerned with her allowing her kid to come onto OUR property and turning around suing us if he gets bitten? I mean, I know she CAN sue us, but do we need to be worried that she would have a case?

Thanks so much and if I'm in the wrong area, please let me know.

Have you called the police to report this child neglect? I would.

 

[OHRoadwarrior]

Apparently OP's security is not as good as it should be. Especially the hole in the fence. I will refer you to a few sets of local/county MS laws addressing this. MS defers law to local jurisdictions. You can clearly see the fact it is private property is irrelevant to an extent. I can see this in court now:

But your honor, my dog could only bite off the kids finger, not his head or anything.

http://leecosheriff.com/wp-content/uploads/2012/11/animal_control_ordinance1.pdf
http://www.cityofamoryms.com/site/media/DogOrdinanceno1665.pdf

This is an excellent answer - but not for this thread

Given the circumstances outlined, the OP is doing just fine with "dog security."

 

[Just Blue]

Apparently OP's security is not as good as it should be. Especially the hole in the fence. I can see this in court now:

But your honor, my dog could only bite off the kids finger, not his head or anything.

Come on... If my NDN has a big old dog I would not allow my toddler to poke his/her VERY SMALL finger in the fence. Not wander randomally in the garage. Or scoot in the window.

Child is not being properly supervised...IMHO.

 

[OHRoadwarrior]

What matters is her local law. We both can give all the opinions we wish. The ones I found appear to favor the toddler.

Come on... If my NDN has a big old dog I would not allow my toddler to poke his/her VERY SMALL finger in the fence. Not wander randomally in the garage. Or scoot in the window.

Child is not being properly supervised...IMHO.

 

[Just Blue]

What matters is her local law. We both can give all the opinions we wish. The ones I found appear to favor the toddler.

Dogs are in the OPs yard. If the parent(s) allow thier child to climb a fence, climb through thier window, enter thier garage and poke a finger through a fence...SHAME ON THEM. I feel sad for this child and OP should report this to Police.

 

[OHRoadwarrior]

Actually, it sounds like a parent is trying to get the child bit to have a reason to sue.

Dogs are in the OPs yard. If the parent(s) allow thier child to climb a fence, climb through thier window, enter thier garage and poke a finger through a fence...SHAME ON THEM. I feel sad for this child and OP should report this to Police.

 

[Just Blue]

Actually, it sounds like a parent is trying to get the child bit to have a reason to sue.

Yes..It does seem like that.

 

[Ladyback1]

Apparently OP's security is not as good as it should be. Especially the hole in the fence. I will refer you to a few sets of local/county MS laws addressing this. MS defers law to local jurisdictions. You can clearly see the fact it is private property is irrelevant to an extent. I can see this in court now:

But your honor, my dog could only bite off the kids finger, not his head or anything.

http://leecosheriff.com/wp-content/uploads/2012/11/animal_control_ordinance1.pdf
http://www.cityofamoryms.com/site/media/DogOrdinanceno1665.pdf

It would be up for debate whether someone (child or not) climbing in the window, over the fence or sticking body parts/sticks through the fence would be provocation.

I personally believe it would. The dog is protecting HIS humans and his yard/property.

The NDN parents need to be more responsible with their child/children!

 

[OHRoadwarrior]

If you review the two links I provided, one makes slight allowance for private property attacks, the other makes no allowance. It really is not up to debate as much as it is local law.

It would be up for debate whether someone (child or not) climbing in the window, over the fence or sticking body parts/sticks through the fence would be provocation.

I personally believe it would. The dog is protecting HIS humans and his yard/property.

The NDN parents need to be more responsible with their child/children!

 

[LdiJ]

If you review the two links I provided, one makes slight allowance for private property attacks, the other makes no allowance. It really is not up to debate as much as it is local law.

Your first link specifically backs up Ladyback's opinion...not slightly, but very specifically.

I am now going to check your second link.

The second link doesn't back up your position either.

Plus, both of those links were city ordinances, neither of which may apply to the OP...since the OP's city is unknown.