Legal Question in Civil Litigation in West Virginia
Wireless Fencing for a Dog
Our neighbor's dog got off its leash and came onto our property and into my dogs territory...wireless area. Our dog bit theirs and now they are suing us for veterinary bills. Do they have a case?
1 Answer from Attorneys
Re: Wireless Fencing for a Dog
In any specific case there may be factors that are unknown. No reply in a law forum should be accepted without the live real counsel of a lawyer. Anytime a person is sued, except, perhaps, for a small claims court matter, one should at least consult a lawyer and perhaps hire a lawyer. One should also check for defense and indemnity insurance. Ordinarily, a homeowners insurance will provide defense and indemnity in these situations. One should report such a suit to your homeowners agent even if you do not think there is coverage. Many communities have adopted vicious dog ordinances which may impact on the liability of a homeowner. Ordinarily, in the absence of a statute or circumstances which create or enlarge a duty, it would be hard, if not impossible, to see what liability would exist for the owner of a dog in its own yard for injuries to a trespassing dog.