shads Posted September 5, 2012 Share Posted September 5, 2012 Hi everyone, Ive joined the forum as I have a very specific problem. My neighbour got a new dog about a week ago and as usual, dogs being dogs, they barked at each other and weren't too nice to each other. I put chicken wire against the fence on my side to deter my dog from digging under the fence. Unfortunately their dog dug a hole and got its head under the fence and my dog has attacked it. Who is at fault? who is responsible for costs? Any advice would be appreciated. Thanks in advance Link to comment Share on other sites More sharing options...
Luke GSP Posted September 5, 2012 Share Posted September 5, 2012 I would say that it will be you? if your dog has caused the injury then I would assume that you would be paying the bill. Not saying that I agree with it :) just saying that in reality I would expect any legal action to go in favour of the injured animal, I would also expect that should it get legal, you may end up with your dog being declared "dangerous", again, not saying I agree with it, so please don't shoot the messenger. :) Link to comment Share on other sites More sharing options...
SkySoaringMagpie Posted September 5, 2012 Share Posted September 5, 2012 (edited) So, the dog was attacked by your dog while its head was in your property? Did either dog set foot completely on the other person's property? Edited September 5, 2012 by SkySoaringMagpie Link to comment Share on other sites More sharing options...
SkySoaringMagpie Posted September 5, 2012 Share Posted September 5, 2012 Luke, the rules in most places change if the dog is in its own yard. In this case, if the OP's dog has lived quite happily there for some time and this situation has been brought on by a new dog, who has dug under to get to the dog, then I wouldn't be conceding any legal liability. I'd also be phoning the council with my version of events to get on the front foot. The question of good neighbourly relations is a separate one, and there isn't enough information to go on here. Link to comment Share on other sites More sharing options...
chuckandsteve Posted September 5, 2012 Share Posted September 5, 2012 I'd offer to either pay the bill or half the bill. Then work with them to make the fence more secure Not because i think you are in the wrong but to keep on side with the neighbours. So many stories of people baiting dogs, or doing whatever. If they are happy with you less likely to have to deal with complaints etc. I had a similar situation in the neighbours cat getting in my backyard and my staffy biting the cat. It was at 1am the cat should have been inside (our council has curfews) and obviously not in my yard. But we paid half just because we wanted to make sure she wasn't going to try and get even..... Link to comment Share on other sites More sharing options...
Staffyluv Posted September 5, 2012 Share Posted September 5, 2012 I'd offer to either pay the bill or half the bill. Then work with them to make the fence more secure Not because i think you are in the wrong but to keep on side with the neighbours. So many stories of people baiting dogs, or doing whatever. If they are happy with you less likely to have to deal with complaints etc. I had a similar situation in the neighbours cat getting in my backyard and my staffy biting the cat. It was at 1am the cat should have been inside (our council has curfews) and obviously not in my yard. But we paid half just because we wanted to make sure she wasn't going to try and get even..... I agree with chuckandsteve... Link to comment Share on other sites More sharing options...
**Super_Dogs** Posted September 5, 2012 Share Posted September 5, 2012 When considering how to manage this remember you have to live next to this person. I had an incident where a neighbours dog was left to wander the street came into our yard and attacked our dog at 2am in the morning. We told them our dog had to be taken to the vet and they did not offer to pay the bill. We decided that these were not people we wanted to start a enighbour war with......so just left it. Lucky they were renting and got booted out for not pay rent soon after this. Link to comment Share on other sites More sharing options...
Alkhe Posted September 5, 2012 Share Posted September 5, 2012 I'd offer to either pay the bill or half the bill. Then work with them to make the fence more secure Not because i think you are in the wrong but to keep on side with the neighbours. So many stories of people baiting dogs, or doing whatever. If they are happy with you less likely to have to deal with complaints etc. I had a similar situation in the neighbours cat getting in my backyard and my staffy biting the cat. It was at 1am the cat should have been inside (our council has curfews) and obviously not in my yard. But we paid half just because we wanted to make sure she wasn't going to try and get even..... I agree with chuckandsteve... +2. If I were you, I would be avoiding any kind of legal battle and just making the best of a horrible situation. Have you discussed the incident at all wtih your neighbour, or had any contact since? I would be doing my best to maintain a friendly relationship, and in these situations would not insist on strictly exercising my rights, even if it meant paying a few hundred dollars. Its' not worth the problems that a bad relationship with neighbours can cause down teh track. Link to comment Share on other sites More sharing options...
Steph M Posted September 5, 2012 Share Posted September 5, 2012 (edited) We had a dog next door who used to slam and slam against the fence while throwing a right fit, one night our little dog was down the side grass taking a piddle and he broke through the palings and got her eye. Was traumatic for everyone, we thought she was gone for sure, mum was overseas, I was on my way home and my sister, then about 17 was stuck with this bleeding, crying mess in the yard. Anyway, horrific stuff aside she was fine, her friend gave her a lift to the LDH before I was home and she's fine now, a little more nervous, but she hasn't noticed much aside from that. My grandma stormed next door with the bill and demanded they fix the fence and pay something off the bill, it didn't go anywhere and that's no biggie. I'd have much, much rather they fixed the fence and didn't leave the dog out to lose his mind at the fence anymore. They eventually put him to sleep, I assume. He isn't there anymore, which I kinda applaud taking the responsibility on there, but it's a shame it even had to get to that point. Best to just work with them, rather than against. If you're willing to pay half, by all means, but I wouldn't volunteer to. I hope the dog is okay! Edited September 5, 2012 by Steph M Link to comment Share on other sites More sharing options...
WreckitWhippet Posted September 5, 2012 Share Posted September 5, 2012 I wouldn;t pay them a cent, no would I accept any liability on my part. You put wire on your side, it's not your fault they can't control their dog and you dog has defended it's territory Link to comment Share on other sites More sharing options...
mixeduppup Posted September 5, 2012 Share Posted September 5, 2012 Technically the dog was out of control and your dog was defending its property, as long as your dog remained on your property the whole time I think it should be fine. I know someone who had a similar experience when a dog that lived up the road came onto their property and their dog bit it. I'm pretty sure the council fined the people who's dog was bitten as it was not on its property. I wouldn't pay a cent, that's admitting liability. Link to comment Share on other sites More sharing options...
poodlesrule Posted September 5, 2012 Share Posted September 5, 2012 Hi Shads, I had the same thing happen to me. The neighbours dog dug under the fence and my dogs caused a nice big hole in his back. I offered to pay the vet bill, but the neighbour (who works for a solicitor) said no her dog got into my yard and it was his fault. She has now put chicken wire on her side of the fence. I would just wait and see, legally you don't need to pay anything as the dog (even his head) was on your property. Link to comment Share on other sites More sharing options...
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