am i at fault when my neighbor kid jumps my fence to get in to my yard and my dog ends up nipping him?

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my neighbor kid jumpt the fence in my back yard and my dog ended up nipping him. my dog is on a 8 foot chain, and the kid had no busines in my yard
the reason why my dog is chained up is because he’s a German shepperd mix and my fence is only 5.5 foot tall , he is an inside dog and only gets out to go potty or if someone from the family is outside doing something .

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11 Responses to “am i at fault when my neighbor kid jumps my fence to get in to my yard and my dog ends up nipping him?”

  1. juanita85 says:

    i can tell you from experience,(i live in california,by the way)
    we had some little jerks cutting through our yard, hopping our fence, etc.
    we called the police dept. and asked them "what if my dog bites somebody?"
    "isn’t that trespassing?" they said that if we had CLEARLY posted no trespassing signs
    and beware of dog signs
    that we would not be held liable.
    so, you are probably out in the cold on this one, i know the law sucks.
    but at least you’ll be ready for next time.
    you can get the signs at wal-mart or a hardware store, stock up them.
    and make sure your yard is well lit at night.
    hope this helps, and hang in there. i know how frustrating it is.

  2. JenVT says:

    Not sure about other states, but in Vermont, it’s only considered trespassing if your property is posted. In most cases, police and animal control people are reasonable. I would talk to your neighbor kid’s parents and let them know that he is not welcome on your property without your express permission. I am wondering, though, why you keep your dog chained up if you have an 8 ft fence? Surely he is not chained up there all day? because that does make dogs overly territorial and aggressive.

  3. Emily says:

    Technically, it’s your garden and not the kids, therefore the kid would be trespassing. So I don’t think so!

  4. Michelle says:

    no that kid was tresspassing on your property so its entirely not your fault if the dog bit him
    its his own fault for going on YOUR property.

  5. Andy says:

    It is definitely not your fault,especially if the kid wasn’t even supposed to be in your yard in the first place! that is definitely the kids fault.

  6. danakay91 says:

    The neighbour’s kid shouldn’t have entered your garden, If your dog was chained up and your garden is secure then do not worry, It isn’t your fault.
    x

  7. Bill L says:

    Short answer. "NO"

    bl

  8. Basset Puppies = land piranhas says:

    Unfortunately, yes, because legally a dog is considered an "attractive nuisance". Same as if a kid climbs over your fence and drowns in your pool – YOU can get sued.

    Consult with your lawyer.

  9. Ceasars Mom says:

    Please consult a lawyer

  10. katies says:

    I would not think so. Technically the kid was trespassing on your property.

    I found this (Read the link below):

    In most states, dog owners aren’t liable to trespassers who are injured by a dog. But the rules are convoluted and vary significantly from state to state.

    In general, a trespasser is someone who wasn’t invited on the property. Unless you warn people off your property with signs or locked gates, you are considered to have given an "implied invitation" to members of the public to approach your door on common errands – for example, to speak with you, try to sell you something, or ask directions.

    A general rule is that a dog owner who could reasonably expect someone to be on the property is probably going to be liable for any injury that person suffers. This rule is particularly important when it comes to children.

    Without at least some such implied invitation, someone who ventures onto private property is a trespasser. In one case from Nebraska, a child visiting relatives stuck her hand through a fence to pet the neighbor’s dog; she was found to be a trespasser. Similarly, a court ruled that a ten-year-old who climbed over a fence to retrieve a ball and was bitten by a dog was a trespasser, and could not sue the dog’s owners for his injury.

    Dog-bite statutes. Most dog-bite statutes do not allow trespassers to sue for an injury. The owner is liable only if the person injured by a dog was in a public place or "lawfully in a private place." That means that the injured person must have a good reason for being where he was. Mail carriers, for example, are always covered. Police officers performing their official duties are not considered trespassers, either.Neither is anyone else who has an invitation, express or implied, to be on the dog owner’s property.

    Read this link;

    http://doglaw.hugpug.com/doglaw_082.html

  11. sammy says:

    If the neighbors kick up a fuss about this, tell them you are going to press charges against them for the trespass offense, an eye for an eye and a tooth for a tooth, one thing good to come out of it is that maybe that unruly kid will think twice about doing that again! I mean imagine if he did it to someone who has an unchained security trained dog such as a doberman which would just rip him apart, maybe what happened to him will prevent a potential worse fate just waiting to happen, point this out to his parents and the boy

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