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My dog bit a dog who came into my yard -whose at fault?

This is a forum to discuss legislation and legal matters pertaining to the rights and welfare of dogs. Please remember to counter ideas and opinions with which you don't agree with friendly and helpful advice and responses.

  
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Diesel

Horns beneath- his halo
 
 
Barked: Wed Apr 24, '13 4:43pm PST 
My neighbors dog got into my yard through a hole in my fence. My dog went after it and nipped it. I told the neighbor what happened but now feel I should've kept my mouth shut for legal reasons. Can I get sued?
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Nare

Woo-woo- whineybutt
 
 
Barked: Wed Apr 24, '13 4:52pm PST 
No because their dog entered your property, they would be at fault for their dog not being properly contained.
Plus if it was just a nip (no blood / punctures) then you should be fine.
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Monnie

Spreading Smiles- As A Tribute For- Lexi
 
 
Barked: Wed Apr 24, '13 6:32pm PST 
W2hen a dog came in our yard and I was on a cable run and we fought and the law in MN said we were responsible for whatever happens in our yard. Also( we don't have one) if anyone posts a sign saying Beware Of Dog, according to law you have already admitted your dog is a problem.shrug
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Diesel

Horns beneath- his halo
 
 
Barked: Wed Apr 24, '13 6:36pm PST 
Wow Monnie that's crazy! I live in NY and was looking for the laws but couldn't find them online. So far my neighbor hasn't said anything except her dog hurting in her hind area. I admitted that it happened which may hurt me in court. Hopefully it will never come to that.
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Nare

Woo-woo- whineybutt
 
 
Barked: Wed Apr 24, '13 6:39pm PST 
I guess it does depend on state laws. I know here in WA you're liable if you grant access to your neighbors and they come on your property and a fight happens, but if they trespass then they are screwed.
We have the same thing with the 'Beware of Dog' signs. Posting 'Dog on premises' is better.
Sucks, I've heard in some states if someone breaks into your home/yard and your dog bites them, then you're responsible.

I think every state needs the 'Make my day' law. way to go
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Sabi

When the night- closes in I will- be there
 
 
Barked: Wed Apr 24, '13 11:41pm PST 
Totally depends where you live. I'm in Alberta and here, yup, if someone breaks in and the dogs bite it's my fault, signs or not. One province over in Saskatchewan if someone is on your property, invited or not, and gets bit too bad. The law says they assumed the risk, as long as they were warned verbally or otherwise that the dogs were present.
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Trigger

*Blackdog*
 
 
Barked: Thu Apr 25, '13 8:01am PST 
I'm in MN and have never heard of such a stipulation.

If someone or something trespasses on your property the law is going to favor the property owner.
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Lexi

i wiggle my- entire body
 
 
Barked: Thu Apr 25, '13 6:48pm PST 
I'm also in MN and i really think it depends on what part of the state your in as i havent heard of that either. The dog came into your yard so i wouldn't worry to much about it. they need to keep the dog contained alot better
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Opheila

It ain't over- till the fat- kitty sings
 
 
Barked: Fri Apr 26, '13 10:16am PST 
I'm not sure about exact law here but if you have a fairly secure yard, the other dog's owners would be at fault regardless for not having their dog contained
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Clyde

Ice cubes? YES- PLEASE!
 
 
Barked: Fri Apr 26, '13 12:49pm PST 
My next door neighbor is dealing with a situation that might lead up to an event like this eventually. Tired of covering more and more fence to protect his own reactive JRT mix from the neighbor's very angry digging dog, he said he talked to our local animal control officer. From what the officer said, it seems the owner of the escaping dogs is held responsible for any situations their dogs create versus the owner of a properly-contained reactive dog. To top it off, my neighbor talked to the dog's owner and she basically gave him a big attitude even though she is the only one causing any problems. And I live in California, which tends to be infamous for stupid legislation.

Edited by author Fri Apr 26, '13 12:50pm PST

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