Legal Question in Real Estate Law in Kansas
The neighbor dog
Our neighbors dog pushed his way under the fench and fell into our pool. Our pool is a above ground pool that we put underground and it has asmall deck around the whole pool. The dog tore the liner trying to get out of the pool. ( nine different whole that are not repairable) We found the dog and pulled it out, he is ok.
Our questions is that who is responable for the damage to our pool. The chainlink fench is our neighbors. We both have dogs, our dog in the summer time digs the ground to lay in to keep cool. There was a small indention no deeper than 3 inches deep NEXT to the fench, but not under. The dog had to push its way under the fench to get under. The dog left its hide and fur on the fench. We think the dog was just thristy and wanted water.
Is he responsible for any damage that his dogs does?
1 Answer from Attorneys
Re: The neighbor dog
If possible, these types of disputes are best resolved without the involvement of attorneys. Have you asked your neighbors to pay for the damage that their dog did to your pool liner? Are they unwilling to pay for the cost of repairs?
Based on your statement that the fence is theirs, it is reasonable to assume that they put in the fence to keep their dog on their property. Since their dog escaped, they might be liable for the damage it did. However, in order to answer that question with any certainty I would have to know more details about the situation. I would try to work out an arrangement with your neighbors to pay for the damage or part of the damage. If you are unable to reach an acceptable agreement on the issue, feel free to contact me. Good luck with the situation.
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