Legal Question in Real Estate Law in California

My neighbor's truck breaks went out about 6am today and his truck rolled through my fence. Almost killed my dogs, but they seem to be ok just a little freaked out, they still will not go to that side of the yard yet. My house is in northern CA and i was wondering what my legal rights are. Is this something that i should contact my insurance company about? do i need to act within a certain amount of time to avoid having the statutes of limitation run out. there was no damage to the house besides the fence, but now i don't have a secure place for my dogs and have to keep them cooped up in the house. any advice would be helpful. Thanks,


Asked on 2/10/12, 7:04 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think your right to recover damages would be limited to the cost to repair the fence (if it is your fence) or having it repaired (if it is the neighbor's fence). Your problem in a suit for damages for negligence is that a person is liable only for forseeable harm resulting from his negligence. It will be difficult enough to establish that the loss of brakes was due to negligence; more difficult yet to establish to the satisfaction of a judge or jury that the dogs' current behavior was a forseeable consequence of the negligent maintenance or operation of the truck.

Read more
Answered on 2/12/12, 11:45 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California