Legal Question in Criminal Law in California
Dogs broke through fence and killed neighbors dog
My two dogs broke through a wooden fence and killed my neighbors dog. I let animal control euthanize the dog I thought was the aggressive one. My dogs had lived next door to this dog for about a month and a half with no problems. Now my neighbor wants me to put down both dogs, pay them $5000 and ''vacate my property immediately''. This was a terrible accident and I feel awful about it but I think they are being a bit unreasonable. I was going to offer to fix the fence, pay their vet bill and cremation fees. Can my neighbor sue me for my alleged ''criminal negligence''?
3 Answers from Attorneys
Re: Dogs broke through fence and killed neighbors dog
Can you be sued? Of course. Work out a reasonable settlement, their demand is not.
Re: Dogs broke through fence and killed neighbors dog
Your neighbors have the right to sue you, but not to demand that you move or that you put down the second dog. I see no hint of a crime here despite your (their?) use of the term "criminal negligence".
Re: Dogs broke through fence and killed neighbors dog
It does not appear to me you have committed any crime, unless you intentionally caused your fence to be dilapidated with the nefarious desire your dogs would damage your next door neighbor's property or dogs. So, you probably should not be too worried about jail or anything that seriouos.
Secondly, your neighbors probably do not have the right to force you to move from your home. Are they entitled to damages? Yes, of course. They would be entitled to the monetary value of the dog lost, and costs like the vet bill and cremation exenses. Can they require you to euthanize your living dog? Maybe, but it is hard to say. It might be better for you to sell the dog or give it away to someone looking for an aggressive guard dog, but make sure you disclose the issue with the neighbors before giveing the dog to someone else.
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