Legal Question in Real Estate Law in California

I own a business on a commercial piece of property. Next door is a small home that is rented to 4 adults and a few children. We use forklifts on this property from time to time. The neighbor in the residence owns two 70 lb. pitbull/ bulldog mixes. Yesterday my employee noticed a stake down in the fence and braced a piece of wood against it in order to prevent their dogs from sitcking their head out. This occured at 3:30 pm. We locked the secure compound to our lot at 4:45 pm. and everyone went home. This morning, the brace was still in tact in a solid manner. The owner of the dogs claimed they escaped though that 7" wide hole and one dog got hit by a car. They want me to pay a $4000 vet bill. This accident occured at 7:30 pm approximately 400 feet from the residence. I don't think I am responsible for this. The owner of the dogs is seeking immediate payment and is verbally violent. He believes we broke it with our equipment, but there is no evidence of impact. The board is spilt in the middle near the top. We did not use any equipment near the fence in the last couple of days. He admits in the past even at his previous residence that the dogs always escaped. There is no other evidence of digging under the fence. The owner of the dog was not home until 8 pm and found the dog in the steet. I don't believe the dog went though our fence. I believe the dogs were in the house as they are most of the time and maybe went our the front door. The have a gate at the front that is always open to the street. From the description, do I have any responsibiity for their dogs injuries? I am in California if that matters. Thanks for your time and advice.

Asked on 9/16/11, 12:14 am

6 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Tell them to go pound sand.

Answered on 9/16/11, 12:25 am

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Joseph La Costa Joseph La Costa, Attorney at Law

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You should just tell your insurance carrier but you may also consider filing a police report

His statements to you could be considered a threat

As are the pit bulls themselves

Maybe the jerk will lose them

If you have further concerns email me at [email protected]

Is this in Julian ?

Answered on 9/16/11, 5:49 am

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Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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I'm going to take a guess that this matter will end up in small claims court, and if or when it does, you have an 80% or better chance of winning, based on the given facts. It's a straight negligence matter. I suggest Nolo Press's book, "Everybody's Guide to Small Claims Court in California."

Answered on 9/16/11, 8:57 am

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