<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by RJ:
My dog fell in the neighbors' pool a week ago and nearly drowned. I live in the country and there are no leash laws. They called today - to inform me that they want me to pay for the new liner and labor to install it. They are having this work done tomorrow. I did go over and look at the pool. I know very little about pools however. The holes that I did see appeared to be punctures not tares. They have had the pool for about a year and have no fence around the pool. My dog had only been let out to go to bathroom. They want me to pay for the new liner and the labor which comes to about $750. However - I'm not sure I'm liable. What if my dog (who is a purebred) had drowned? My INS Co tells me they will not pay. PLEASE HELP!!!!!! <HR></BLOCKQUOTE>
My response:
While your neck of the woods doesn't have "leash laws", general rules of "negligence" would apply; that is, since a dog is considered personal property, your "personal property" must be controlled in a manner such that it does not injure or cause harm to another's property or person. All because there are no "tears" in the cover, doesn't mean that your dog didn't do the damage as alleged. There's one way to make sure: When the cover is removed, place your dog on the cover, and see if his nails match the holes in the cover. If the nails match, you might want to consider paying.
IAAL
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
