Legal Question in Personal Injury in Texas
Neighbor claims dog damaged non enclosed pool
Dog fell in neighbors swimming pool. Neighbor called 1 week later and said having liner replaced tomorrow. Wants me to pay for replacement value of liner and labor to install. However - neighbors pool has no fence of any sort around it. There are NO leash laws in my area - we are in a very rural area. In the same respect - I can find no laws about enclosures for pools. When I asked neighbor why just now finding leaks - neighbor said husband added chemicals and started scrapping pool and this is how found leaks. I offered to pay for half because I feel partially responsible - However - neighbor insist we pay full replacement and labor. My Ins will not pay. Neighbor does not have liability coverage either. Am I 100% liable? Pool is in plain view - many children walk right by everyday!
1 Answer from Attorneys
Re: Neighbor claims dog damaged non enclosed pool
Dogs and other animals are property. Owners are responsible for damages caused by their animals, i.e. if the dog would have dug up flowers or landscaping, the owner is responsible. However, you are responsible only for damages caused by the dog to the extent that they can be proven. Thus the pool owner would have to show that all damages were caused by your dog.