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Neighbor's Dog Attached my Dog Through Fence

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rjb4614

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania
Scene: My property/yard is against my neighbor’s yard. I own the L shaped fence. The neighbor has a Vinyl Lattice screwed to 4 foot wooden fence post. I do not own fencing on this side of the incident. The previous owner of my house had chicken wire against their fence.

Before the dog involved they had a bull dog that would lift their vinyl lattice fence in the air and the chicken wire helped keeping it down from him getting in my yard.
I am in my 20s live with my wife and we have a 1 year old. Have been living in this house for 5years. My mother is mentioned in this because she rushed to the house to bring me to the hospital. My wife and I have student loan debt. So money is tight, for a lawyer. We paid for the first surgery out of our pocket. Will have to pay for another one today...not sure how yet :|

Victim Dog: 8lbs Chihuahua
Attack Dog: Poddle Mix

Their dog chews away this vinyl and where the incident occurred there was a large enough hole for the snout to fix through. More blood is on their side and all over their fence. According to the one doctor that looked at the picture said they dog simple was trying to pull our dog into their yard and the chicken wire is the only thing that helped her. Also said not a normal dog bite and release this is a vicious attack.

Summary of long story:
Dog attack took place last week around 6am. I heard screaming/crying coming from the back yard. Immediately I saw my dog in the backyard with her leg in the air dripping blood and muscle hanging from her limb. The neighbor’s dog was spotted with blood on its snout (white dog).
My dog was immediately taken to the closest animal hospital that had an emergency room 30 minutes away. When meeting with the doctor he said she will need immediate surgery, they will try to save the leg or amputate. We would need to put $4,000-$6,000 down before the surgery. In the meantime, my mother made contact with our veterinarian. Our vet said she would be able to take her right in and perform the surgey/amputation for a fraction of the cost. So we immediately went their.
She was left there and they would provide us an update.
Returned back home and my mother went outside to see where this incident took place. My neighbor came out because she heard her dog barking (like always) and my mother called to her. My mother and neighbor were having a prior conversation of what happened before I was present. I came outside and the neighbor stated the following and very apologetic:
-She thought the blood on their dog’s snout was from their dog that is ill from inside the house (the bulldog).
-They would pay for any expenses. If money is in question don’t worry about it. She would give us a check right now or call with a credit card. I told her we would figure it out because we do not know what is going to happen with the surgery.
- Please do not let them amputate the leg… go to another vet out of the area … listed other out of the area veterinarian offices (verbally). “They can do great things for canines now, don’t rest for veterinarians around here.

She saw the chewed section of the lattice fencing where the attack took place. Stated:
-We should have put the lattice fencing with the smaller holes all the way down the yard (2 years ago they put some new sections of lattice up that had smaller holes)
-he (their dog) keeps chewing the fence apart.

Yesterday my dog went back to the vet. Leg got infected in spots and died due to the injuries so they have to now amputate it. She is getting that done today.

My mother called the neighbor today to be nice and give her an update, and give her a chance to call the vet office with a credit card so she didnt have to pay use all cash. She told me mother that she took the agreement I mailed her to her lawyer because they didn't like having to sign anything and he said do not sign, they are not reliable since their dog was on their property.

I mailed them an agreement as advised by the SPCA office since I wasn't pressing charges.
Two main statements:
- They agree to pay all present and future vet bills for "my dog" that are in relation to the dog attack
-I/we also agree that necessary attempts will be made to secure the dog so no further attacks on human//canine will take place.

The county dog warden told me its a sticky situation PA law states dogs have to be confined on their property which both were? But if both were how did it happen? He said he will fine them if I wanted but if they appeal and win then it looks bad for me if I have to go to civil court.

ADVISE? I cant believe people.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Pennsylvania
Scene: My property/yard is against my neighbor’s yard. I own the L shaped fence. The neighbor has a Vinyl Lattice screwed to 4 foot wooden fence post. I do not own fencing on this side of the incident. The previous owner of my house had chicken wire against their fence.

Before the dog involved they had a bull dog that would lift their vinyl lattice fence in the air and the chicken wire helped keeping it down from him getting in my yard.
I am in my 20s live with my wife and we have a 1 year old. Have been living in this house for 5years. My mother is mentioned in this because she rushed to the house to bring me to the hospital. My wife and I have student loan debt. So money is tight, for a lawyer. We paid for the first surgery out of our pocket. Will have to pay for another one today...not sure how yet :|

Victim Dog: 8lbs Chihuahua
Attack Dog: Poddle Mix

Their dog chews away this vinyl and where the incident occurred there was a large enough hole for the snout to fix through. More blood is on their side and all over their fence. According to the one doctor that looked at the picture said they dog simple was trying to pull our dog into their yard and the chicken wire is the only thing that helped her. Also said not a normal dog bite and release this is a vicious attack.

Summary of long story:
Dog attack took place last week around 6am. I heard screaming/crying coming from the back yard. Immediately I saw my dog in the backyard with her leg in the air dripping blood and muscle hanging from her limb. The neighbor’s dog was spotted with blood on its snout (white dog).
My dog was immediately taken to the closest animal hospital that had an emergency room 30 minutes away. When meeting with the doctor he said she will need immediate surgery, they will try to save the leg or amputate. We would need to put $4,000-$6,000 down before the surgery. In the meantime, my mother made contact with our veterinarian. Our vet said she would be able to take her right in and perform the surgey/amputation for a fraction of the cost. So we immediately went their.
She was left there and they would provide us an update.
Returned back home and my mother went outside to see where this incident took place. My neighbor came out because she heard her dog barking (like always) and my mother called to her. My mother and neighbor were having a prior conversation of what happened before I was present. I came outside and the neighbor stated the following and very apologetic:
-She thought the blood on their dog’s snout was from their dog that is ill from inside the house (the bulldog).
-They would pay for any expenses. If money is in question don’t worry about it. She would give us a check right now or call with a credit card. I told her we would figure it out because we do not know what is going to happen with the surgery.
- Please do not let them amputate the leg… go to another vet out of the area … listed other out of the area veterinarian offices (verbally). “They can do great things for canines now, don’t rest for veterinarians around here.

She saw the chewed section of the lattice fencing where the attack took place. Stated:
-We should have put the lattice fencing with the smaller holes all the way down the yard (2 years ago they put some new sections of lattice up that had smaller holes)
-he (their dog) keeps chewing the fence apart.

Yesterday my dog went back to the vet. Leg got infected in spots and died due to the injuries so they have to now amputate it. She is getting that done today.

My mother called the neighbor today to be nice and give her an update, and give her a chance to call the vet office with a credit card so she didnt have to pay use all cash. She told me mother that she took the agreement I mailed her to her lawyer because they didn't like having to sign anything and he said do not sign, they are not reliable since their dog was on their property.

I mailed them an agreement as advised by the SPCA office since I wasn't pressing charges.
Two main statements:
- They agree to pay all present and future vet bills for "my dog" that are in relation to the dog attack
-I/we also agree that necessary attempts will be made to secure the dog so no further attacks on human//canine will take place.

The county dog warden told me its a sticky situation PA law states dogs have to be confined on their property which both were? But if both were how did it happen? He said he will fine them if I wanted but if they appeal and win then it looks bad for me if I have to go to civil court.

ADVISE? I cant believe people.
How do you know that your dog wasn't on their side of the fence? Why didn't you take steps to make sure your dog was properly "contained" in your property?

Their offer to pay was not legally binding.
 

rjb4614

Junior Member
How do you know that your dog wasn't on their side of the fence? Why didn't you take steps to make sure your dog was properly "contained" in your property?

Their offer to pay was not legally binding.
I believe those questions can also be asked to the other party as well no?
My dog is not aggressive. This neighbor's dog has went after our other neighbor and her dog about a year ago.
 

Zigner

Senior Member, Non-Attorney
I believe those questions can also be asked to the other party as well no?
My dog is not aggressive. This neighbor's dog has went after our other neighbor and her dog about a year ago.
Yes, but you're the one with the burden of proof.
 

Zigner

Senior Member, Non-Attorney
so what is your advise?? Im screwed? lol
You may be. The problem is that you have to PROVE that your dog didn't provoke this matter. I think that you stand a chance of getting a ruling for half the bill based on what you've said...but that's just a guess.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania
Scene: My property/yard is against my neighbor’s yard. I own the L shaped fence. The neighbor has a Vinyl Lattice screwed to 4 foot wooden fence post. I do not own fencing on this side of the incident. The previous owner of my house had chicken wire against their fence.

Before the dog involved they had a bull dog that would lift their vinyl lattice fence in the air and the chicken wire helped keeping it down from him getting in my yard.
I am in my 20s live with my wife and we have a 1 year old. Have been living in this house for 5years. My mother is mentioned in this because she rushed to the house to bring me to the hospital. My wife and I have student loan debt. So money is tight, for a lawyer. We paid for the first surgery out of our pocket. Will have to pay for another one today...not sure how yet :|

Victim Dog: 8lbs Chihuahua
Attack Dog: Poddle Mix

Their dog chews away this vinyl and where the incident occurred there was a large enough hole for the snout to fix through. More blood is on their side and all over their fence. According to the one doctor that looked at the picture said they dog simple was trying to pull our dog into their yard and the chicken wire is the only thing that helped her. Also said not a normal dog bite and release this is a vicious attack.

Summary of long story:
Dog attack took place last week around 6am. I heard screaming/crying coming from the back yard. Immediately I saw my dog in the backyard with her leg in the air dripping blood and muscle hanging from her limb. The neighbor’s dog was spotted with blood on its snout (white dog).
My dog was immediately taken to the closest animal hospital that had an emergency room 30 minutes away. When meeting with the doctor he said she will need immediate surgery, they will try to save the leg or amputate. We would need to put $4,000-$6,000 down before the surgery. In the meantime, my mother made contact with our veterinarian. Our vet said she would be able to take her right in and perform the surgey/amputation for a fraction of the cost. So we immediately went their.
She was left there and they would provide us an update.
Returned back home and my mother went outside to see where this incident took place. My neighbor came out because she heard her dog barking (like always) and my mother called to her. My mother and neighbor were having a prior conversation of what happened before I was present. I came outside and the neighbor stated the following and very apologetic:
-She thought the blood on their dog’s snout was from their dog that is ill from inside the house (the bulldog).
-They would pay for any expenses. If money is in question don’t worry about it. She would give us a check right now or call with a credit card. I told her we would figure it out because we do not know what is going to happen with the surgery.
- Please do not let them amputate the leg… go to another vet out of the area … listed other out of the area veterinarian offices (verbally). “They can do great things for canines now, don’t rest for veterinarians around here.

She saw the chewed section of the lattice fencing where the attack took place. Stated:
-We should have put the lattice fencing with the smaller holes all the way down the yard (2 years ago they put some new sections of lattice up that had smaller holes)
-he (their dog) keeps chewing the fence apart.

Yesterday my dog went back to the vet. Leg got infected in spots and died due to the injuries so they have to now amputate it. She is getting that done today.

My mother called the neighbor today to be nice and give her an update, and give her a chance to call the vet office with a credit card so she didnt have to pay use all cash. She told me mother that she took the agreement I mailed her to her lawyer because they didn't like having to sign anything and he said do not sign, they are not reliable since their dog was on their property.

I mailed them an agreement as advised by the SPCA office since I wasn't pressing charges.
Two main statements:
- They agree to pay all present and future vet bills for "my dog" that are in relation to the dog attack
-I/we also agree that necessary attempts will be made to secure the dog so no further attacks on human//canine will take place.

The county dog warden told me its a sticky situation PA law states dogs have to be confined on their property which both were? But if both were how did it happen? He said he will fine them if I wanted but if they appeal and win then it looks bad for me if I have to go to civil court.

ADVISE? I cant believe people.
First, here is a link to Pennsylvania's dog laws: https://www.animallaw.info/statutes/pa-dog-law-chapter-8-dogs-consolidated-dog-laws

You have a challenge proving that the other dog owner is liable for the dog bite. I agree with the dog warden.

The dogs were both confined to their own yards as required under the law. You must prove that the fence was inadequate and it was the neighbor's responsibility (not yours) in maintaining adequate fencing. You must prove that the neighbor's dog was not provoked into biting your Chihuahua. You must prove that the owner of the biting dog failed to use due care in confining the poodle to his yard. I do not see that you would have an easy time proving any of this.

Your Chihuahua could have reached through the fence with his leg, provoking the bigger dog into biting your dog. The fact that your dogs legs are tiny and could fit through the hole in the fence, and the fence's hole allowed for just the snout of the bigger dog to reach through the hole, makes this seem likely.

In your favor is the fact that you say the poodle mix has bitten before. If this is documented, this could show a history of biting that would require of the owner greater care in preventing another bite.

I am really sorry to hear that your Chihuahua has suffered such a severe injury. Good luck.
 

rjb4614

Junior Member
First, here is a link to Pennsylvania's dog laws: https://www.animallaw.info/statutes/pa-dog-law-chapter-8-dogs-consolidated-dog-laws

You have a challenge proving that the other dog owner is liable for the dog bite. I agree with the dog warden.

The dogs were both confined to their own yards as required under the law. You must prove that the fence was inadequate and it was the neighbor's responsibility (not yours) in maintaining adequate fencing. You must prove that the neighbor's dog was not provoked into biting your Chihuahua. You must prove that the owner of the biting dog failed to use due care in confining the poodle to his yard. I do not see that you would have an easy time proving any of this.

Your Chihuahua could have reached through the fence with his leg, provoking the bigger dog into biting your dog. The fact that your dogs legs are tiny and could fit through the hole in the fence, and the fence's hole allowed for just the snout of the bigger dog to reach through the hole, makes this seem likely.

In your favor is the fact that you say the poodle mix has bitten before. If this is documented, this could show a history of biting that would require of the owner greater care in preventing another bite.

I am really sorry to hear that your Chihuahua has suffered such a severe injury. Good luck.
Thanks great info. I understand I need to prove. I know my dog and she wouldn't put her leg through the fence. Putting this on the back burner for now. Vet just called. Couldn't do the amputation yet she may be going into septic shock from the bacteria. Trying to get her stable.
 

quincy

Senior Member
Thanks great info. I understand I need to prove. I know my dog and she wouldn't put her leg through the fence. Putting this on the back burner for now. Vet just called. Couldn't do the amputation yet she may be going into septic shock from the bacteria. Trying to get her stable.
I hope your dog recovers. Good luck.
 

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