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Neighbor's dog got into my backyard and my dog bit it

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girlafraid7

Junior Member
What is the name of your state (only U.S. law)? CA

I've had a long history with my neighbor demanding me to fix things on my dollar which has finally concluded with her dog getting injured.

About 7 years ago she sent me a letter saying to fix the fence that my dog had damaged "or else". My dad and brother fixed it and never heard anything else about it.

I asked the same neighbor to do something about her tree that was damaging the same fence and was in danger of falling on my house. She hired an arborist that said the tree was perfectly fine. I ended up trimming the dangerous branches, which the neighbor said "looked great" but refused to share the cost. Still the fence was damaged due to her tree.
Well, last week, her dog entered my yard by way of the tree damaged portion of the fence. Luckily, my dog was not in the yard and no damage was done. My husband nailed the fallen board back in and we forgot about it.

Yesterday, the dog entered our yard again by way of the portion of the fence that my dog had damaged 7 years ago. (i had fixed it, but after 7 winters, the fence was ready to be replaced). Their dog was bitten by my dog.
My neighbor promptly came over with a $400 vet bill "so far" that she expects me to cover. She claims her dog entered our yard both time from the portion of the fence that my dog had damaged. This is absolutely untrue, since my husband was the one who repaired it.

My thinking is that the fence is the responsibility of both parties. I have replaced all the other fences in my yard by sharing the cost with the other neighbors. This one has not been replaced because this neighbor expects me to pay the whole cost.

She has threatened legal action if I don't pay for the vet bills. Am I responsible for this since her dog entered my property?
What are my options here?
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? CA

I've had a long history with my neighbor demanding me to fix things on my dollar which has finally concluded with her dog getting injured.

About 7 years ago she sent me a letter saying to fix the fence that my dog had damaged "or else". My dad and brother fixed it and never heard anything else about it.

How did they fix it? 7 years is a long time for a quick fix. don't you look at your fence?

I asked the same neighbor to do something about her tree that was damaging the same fence and was in danger of falling on my house. She hired an arborist that said the tree was perfectly fine. I ended up trimming the dangerous branches, which the neighbor said "looked great" but refused to share the cost. Still the fence was damaged due to her tree.
1. hiring a arborist is doing something about it and she didn't ask you for half that cost.

2. the branches on your side of the fence is your problem, as long as you don't kill the tree you should trim the branches on your side.

3. which side was it damaged from? why didn't you ask her to pay half of the repair costs for the fence, instead of the cutting of the tree, which is your own problem.

Well, last week, her dog entered my yard by way of the tree damaged portion of the fence. Luckily, my dog was not in the yard and no damage was done. My husband nailed the fallen board back in and we forgot about it.
So, for 7 years, the fence was fixed, by a board nailed on it.


Yesterday, the dog entered our yard again by way of the portion of the fence that my dog had damaged 7 years ago. (i had fixed it, but after 7 winters, the fence was ready to be replaced). Their dog was bitten by my dog.
Well, you should have fixed the fence, but your neighbor has the responsibility to keep her dog in her yard. especially if she knew there was a danger of the dog getting out.


My neighbor promptly came over with a $400 vet bill "so far" that she expects me to cover.
Tell her to sue you.

She claims her dog entered our yard both time from the portion of the fence that my dog had damaged. This is absolutely untrue, since my husband was the one who repaired it.

Whatever, you both need to get the fence fixed.

My thinking is that the fence is the responsibility of both parties. I have replaced all the other fences in my yard by sharing the cost with the other neighbors. This one has not been replaced because this neighbor expects me to pay the whole cost.
Fine then, her fault.

She has threatened legal action if I don't pay for the vet bills. Am I responsible for this since her dog entered my property?
What are my options here?
Get sued. if you loose, then you loose. but if you win then you win.
 

girlafraid7

Junior Member
The fence was fixed with nails. Yes we look at the fence. Last time we checked it seemed stable enough.

It was HER tree, doesn't that mean she should pay for the arborist? Why would I split that?

No, for one week that particular board was fixed by a nail.
 

Banned_Princess

Senior Member
The fence was fixed with nails. Yes we look at the fence. Last time we checked it seemed stable enough.

It was HER tree, doesn't that mean she should pay for the arborist? Why would I split that?

No, for one week that particular board was fixed by a nail.
Its her tree, except where it is over your property. That is your tree. If the tree falls on the house, thats your problem. If it damages your side of the fence, thats your problem too.


She KNEW the dog was getting out, and coming to your yard, where your dog is not getting out to her yard... she should have taken precaution to make sure her dog doesn't get out.

Her fault, her problem. Unless a judge doesn't think you properly fixed the fence. But since it is a shard fence, its a shared responsibility. Maybe you want to pay some of the bill or you can always just let her sue you,

The final say on who's fault it is, is the judges'.
 

FarmerJ

Senior Member
I dont see anything wrong with how the fence was repaired, BUT whose fence is it ? Is it her fence ? (if you dont know can your city permit desk tell you if permits are required for fences and if so what year it began and if a permit was ever filed by your address or her address ? ) If this fence is on the lot line there is no reason your nieghbor herself could not have taken steps to repair it if it was her fence. Yeah its a shame the neighbors dog got bit BUT the neighbor is responsible to see to it her animal is not able to get loose. At this point If it was me I would do all I could to determine who owned /installed the fence before doing alot more with it and if by chance your able to learn the nieghbor was the one who filed a permit to install fence I would say that means she owns it and Id tell her to take me to court and use a copy of the permit records & pictures to show the fences condition and let the court decide. ( btw does your town have a animal control officer and was it reported?) If you learn the fence was installed by a past owner of your home then take pics to record how the fence is being damaged for your records and repair it or replace it. ( if code allows it just a couple inches your side of the lot line) and send her a written complaint via certified mail about her tree damaging your fence) Last ,it really wouldnt hurt to run this whole mess by a atty just to make sure you cover your self real good especially if you can determine who owns the fence.
 
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girlafraid7

Junior Member
My assumption is that the fence was owned by both since we live in the suburbs and it runs along the property line. In this area, typically both neighbors are responsible for the fence and its repair. I think the original fence (before this one) was probably installed long before either of us moved in. She mentioned that she had shared the cost of the putting in the fence with the woman who owned the house before me.

I appreciate all the feedback about her KNOWING that her dog was getting out, but doing nothing to repair it. At one point she said "well your husband said he would fix the fence". I asked if she had inspected his repair and she said no. I'm not sure why we were responsible for fixing the fence when it was her dog that was getting out.
 

TigerD

Senior Member
Is the fence on your property - it's your fence.

Her dog attacked your dog in your yard. Does your dog have any injuries?

She let her dog run loose. It is her problem.

DC
 

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