twinsmommie
Junior Member
What is the name of your state (only U.S. law)? CA
I was bitten by my neighbor’s dog in their front yard and put in a claim through their insurance. They were found liable and we are in negotiations of a settlement. One of my problems that I am trying to negotiate is for them to replace the fence that separates us. It is unsafe, deteriorated, and is falling apart. The neighbor has tried to patch up the gaps in the fence but by doing this they have nails that are sticking out on my side of the property, I’m not talking a little bit of nails I’m talking about a 100 or so. Plus there are still gaps. I am trying to make sure my children are in a safe environment and that their dog is in a secure area as well. Apparently their underwriter says that the fence is adequate but never took a look on my side. Prior to the dog bite we have told them that we are more than willing to go 1/2 the cost of the fence but they refused and even after we expressed the safety in that fence but they refused again. I have read the California Civil code 3342.5 A in regards to the duty of the owner of the dog. My question is do I have the right to have them replace the fence that separates us as part of the settlement?
I was bitten by my neighbor’s dog in their front yard and put in a claim through their insurance. They were found liable and we are in negotiations of a settlement. One of my problems that I am trying to negotiate is for them to replace the fence that separates us. It is unsafe, deteriorated, and is falling apart. The neighbor has tried to patch up the gaps in the fence but by doing this they have nails that are sticking out on my side of the property, I’m not talking a little bit of nails I’m talking about a 100 or so. Plus there are still gaps. I am trying to make sure my children are in a safe environment and that their dog is in a secure area as well. Apparently their underwriter says that the fence is adequate but never took a look on my side. Prior to the dog bite we have told them that we are more than willing to go 1/2 the cost of the fence but they refused and even after we expressed the safety in that fence but they refused again. I have read the California Civil code 3342.5 A in regards to the duty of the owner of the dog. My question is do I have the right to have them replace the fence that separates us as part of the settlement?