I'm not sure if their is anyone out there can answer this but I thought I would try. My dog jumped up on my fence and bit someone in the back. This happened awhile ago. I called over there and according to her mom it was a little bite and she just had to put a bandage on it. The person was 34 that got bitten. I have fenced yard both chain link and invisible. These people have been my neighbors for 35 years and they are suing me for a lot of money. Does it not matter that she was leaning on my fence. My dog was not a bad dog she never would leave the yard. No one was ever scared to come in my yard with her out. It's just that day she jumped on the chain link fence and bit - the son of the lady that was bitten had tormented her all the time from the other side of the fence poking things at her, throwing things at her the kid is a brat. I put my dog down the next morning because as soon as it happened my neighbors left town and I couldn't talk to them about it and the lady had gone to the doctor who called in animal protection. Do I have any rights since my dog was on my property and she was truly trespassing. You know now that they are doing the suing thing I really wish I wouldn't of put her down. Any advice on my rights?

You ought to see a lawyer. Courts are funny things. The law can be applied in strange ways and tresspassers often have more rights then the law actually grants them. For example, people have won law suits because their child jumped a fence in the middle of the night and went swimming in someone's pool and drowned.

Geez. I would contact a lawyer and file a counter suit. Did animal control require you to put the animal to sleep?

Yes, I would highly recommend a lawyer. Too bad you put the dog down. Their lawyer will probably play on that as some sort of sign that you knew something about the dog and should made provisions that would have made it harder for her to bite someone...even though that's not the case. Plus, you don't have the dog now to take to someone for temperment testing, like they do on Animal Precinct on Animal Planet.

Are they suing your home owners insurance or are you a renter? Maybe they should be suing the home owners insurance if it's not you and let them deal with it.

Wow, I remember when I was a kid, my dog bit someone and we were required to put it down. I have never gotten over it. It always sticks in my mind. That really sucks that they are suing you, did they not think of how that might break your bond as neighbors? I also had something like this happen to me this week. A dog behind my yard jumped the fence and was growling pretty ferociously at me, it never bit because I was smart enough not to invade it's personal space-some people are stupid!!! The people came over and apologized and everything was cool. I have noticed that they have kept their dogs in their kennels inside or in their kennels a lot more. I hope they weren't REQUIRED to do it, it makes my heart break that their natural need for movement and play is being violated. My advice would be to contact a lawyer, or even research it at a library(if you can't afford a lawyer) you seem to have a pretty good point, and maybe try and talk to your neighbors (although this might be hard, since I already feel like chewing them out). Good luck and try and report back on how it played out!

You sould not have put your dog down for two reasons. First, like 4 Life said, it can be taken as your aknowledgement that you should have done more to prevent the bite. Second, any animal that is put down within 10 days of biting someone, must be examined for rabies. If your dog was not examined, you can get fined separate from the suit filed by your neighbor (and work against you in the case). I wouldn't expect you to know that, but the vet who put your dog down should have asked you (standard question when you sign the form), because they should know that.
Was there a beware of dog sign on your fence and/or was this person aware that the was a dog on the premisis (and can you prove it), if these are true then you might have a good defense. My best advice is still to contact a lawyer, they would know local laws and legal precedents in such cases.

I was told something a while back. I was told that the "Beware of the Dog" sign actually further proves that the owner is aware that the dog may be a danger and they should take extraordinary precautions to make sure that people should not be allowed the opportunity to come in contact with the dog. Makes sense to me. That's why I've never put one up. Not that my dog is dangerous or anything, but if you put up a sign you can't really claim ignorance.

I was told something a while back. I was told that the "Beware of the Dog" sign actually further proves that the owner is aware that the dog may be a danger and they should take extraordinary precautions to make sure that people should not be allowed the opportunity to come in contact with the dog. Makes sense to me. That's why I've never put one up. Not that my dog is dangerous or anything, but if you put up a sign you can't really claim ignorance.

I've heard that too, but I still don't believe it. I think it's better for your liably to have a sign up than to not have a sign up. If a utility worked came into my yard to read a meter while Starbucks was outback, he'd be bit for sure. The sign I have up just says "Dogs in Yard" but to not have any sign up at all is asking for trouble if you have an aggressive dog.

I'm sure a signs better than nothing but in most states it does not absolve you of responsibilty.

that sucks, i agree with most that was said on here. Courts work in terrible ways, get a lawyer for it if its a substantial amount of money. I wouldnt have put the dog down, wait until someone forces you to by PROVING that your dog was the problem not the irresponsible neighbor tresspassing on your property.

You should counter sue your neiboors for being assholes.(sorry, I'm not court savvy)

I have a question. Was your neighbor actually in your yard?



Monika

I have a question. Was your neighbor actually in your yard?



Monika
I think she said that the person threw stuff in her yard. Isn't that vandalism though?

Vandalism, hmmmm. Not sure. Someone said that the neighbor tresspassed. So I asked that question :).

You weren't bitten because you didn't invade the dog's personal space? A dog has no idea what its personal space is. Simply put, a dog owner is responsible to control the dog, at all times. While I don't think it is right for the person to sue, especially since no real harm was done, the fence was obviously not sufficient to control the dog. If you knew of problems with the neighbors, you should have dealt with that at the time and did whatever was needed to rectify the problem, even if that meant installing a different fence. As a dog owner, it is your responsibility to care for your dog. That includes protecting other people from it, and protecting it from other people. I know this is a little harsh, but people are always trying to blame the the other guy for everything. This needs to stop - people need to take responsibility for themselves. Having said that - get a lawyer. They may be able to argue your way out. Just do a better job of protecting your next dog.

I didn't understand the first part of your reply, about the personal space. (I see he's been banned, and can't answer though). Dogs are very much aware of personal space, but I don't understand the connection.

I think if someone leaned up against my fence, and my dog was out in the yard, that he very well might bite that person too. Likewise if they reached over to pet him. I can't wait till I can afford a privacy fence, but for now I do the best I can to prevent him from displaying any aggression or biting anyone.

Yes, I would highly recommend a lawyer. Too bad you put the dog down. Their lawyer will probably play on that as some sort of sign that you knew something about the dog and should made provisions that would have made it harder for her to bite someone...even though that's not the case. Plus, you don't have the dog now to take to someone for temperment testing, like they do on Animal Precinct on Animal Planet.

Are they suing your home owners insurance or are you a renter? Maybe they should be suing the home owners insurance if it's not you and let them deal with it.

Even if you have only a renters policy, you should be covered by that for personal liability.

People who sue over tiny things piss me off. Dogs bite sometimes. They get freaked out...If you didn't sic the dog on her, and if she didnt have to go to the hospital for serious injuries, you shouldn't be sued. What does she do if her dog bites her? Have him/her put down?

I was bit by my dog on the nose. It left teeth marks. You can see it to this day. I was a kid then though. My twin sister was bit on the cheek by him too. It left a big tooth make on her face. I can see it. We were just playing with him.

Also, when I was staying with my aunt, her dog bit me (I was 23 or 24 then). I was rubbing her. I guess I rubbed her in the wrong place and she just turned around and bit me growling. I didn't know that the dog didn't like to be rub in the place. I think I was rubbing her stomach. I'm not sure. From that day on. I didn't rub her much :lol:


Monika