Legal Question in Real Estate Law in California

Assuming you weren't negligent, and there is nothing in your question to suggest you were, then there's no liability. Sounds like it was just one of those flukey things that can happen despite you having taken all reasonable precautions. Even if you were liable, you'd only be liable for the fair market value of the dog. Your homeowners' insurance will handle the claim if need be.

This is more of a general negligence question than a real-estate question, but I'll take a shot at it. I'd say this was just an "accident" (as lawyers use the term - to distinguish an incident where no one is at fault from an incident involving negligence) if the fence appeared to be in decent shape prior to the windstorm. It would be the neighbor's burden to show that an incident of this kind was a reasonably forseeable consequence of a known or discoverable lack of proper maintenance of the fence. He would also have to show that maintenance of the fence was your responsibility, and not his, nor a shared responsibility. If you are sued, however, you need to file an answer or appear at the Small Claims trial or risk losing by default.

I have some additional points if you would like a consultation by email.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

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