Legal Question in Personal Injury in California

Our small dog wen thru our neighbors fence and was mauled by their 2 akita dogs. Do they share in any of the responsiblity?


Asked on 9/07/09, 5:44 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

I'm sorry to hear about your dog's injuries. I hope your little pet will recuperate.

As to liability, it depends upon many factors, including whether the fence was solely on their property, whether they knew you had a little dog, etc. More than likely, because your dog went onto their property, they might not be liable. You could speak to them about making a claim with their homeowners' insurance carrier, though. If they're good neighbors, maybe they'll help you out with the vet bills.

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Answered on 9/07/09, 6:33 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Probably not, though with more facts I might see things differently. Either way, I wish your dog a speedy recovery.

Dog owners are responsible for restraining their dogs. One way they can do this is by keeping the dogs fenced in. Your neighbors evidently did so, but you did not. They were responsible for keeping their dogs on their property, not for keeping your dog off. You, in turn, were responsible for keeping your dog on your own property. You evidently failed to do so, at least on this one occasion.

Preventing injury to others is the main reason dogs must be confined, but it is not the only reason. Protecting the dogs themselves is another. Had you kept your dog restrained, she would not have been injured. Making your neighbors pay for your own failure to obey the law would not be just.

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Answered on 9/07/09, 6:35 pm
Brian Dinday Law Offices of Brian R. Dinday

I have to agree with Mr. Hoffman. You have to pay your own vet bills. You are lucky their dogs did not get injured, or you'd be paying their vet bills

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Answered on 9/07/09, 10:25 pm


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