If a neighbor’s dog entered my yard through a missing board in fence and my dog attacks it, am i liable?


Their dog was a small dog that poked his head through, and my dog (husky) bit him by the head and shook him; their dog might die. Is my dog at fault?

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    13 Responses to “If a neighbor’s dog entered my yard through a missing board in fence and my dog attacks it, am i liable?”

    1. Lora says:

      I am kind of in the same situation at the minute with my two muttleys, we have just moved in to a property which has a broken fence at the back and a tree seperating our garden to the neighbours at the bottom of the garden. Not sure as to who’s fence is who’s on that respect. Because the dogs have roamed on the odd occasion even though they can see we have the materials ready and in the process of making a fence, they have hit my dog with a shovel, kicked him and threatened to poison him also lumped a load of glass at the bottom end where he’d split his paw open and cost me a hundred quid in vet bills I’m still putting up with it, have reports about them coming out of my ears because of it. When I reported them the police came out, they said there’s no dog law theyr dogs they roam and these unfortunate things happen they didn’t do much. But as far as the fence goes you are responsible for the left hand side of the property when looking to it from the road. Unless otherwise stated. As for the dog that was harned due to a gap in the fence perhaps have a word with the neighbour see what they want you to do depends how they view it really there’s no dog law I don’t think :s sorry for not being much use but I’m in a frazzle with my neighbours as it is a dog owner can only do so much really

    2. rescue member says:

      If it’s your fence, you are at fault for not maintaining it in good repair – if it’s theirs, then it’s their problem.

      However, your dog was the one who bit, so you would do well to be polite and offer to pay for some of the vetting so they don’t get even more upset and report your dog for biting.

      This is a sticky situation leaving you open to lawsuit in any case, try to solve it peacefully with your neighbor.

    3. happy2luvk9s says:

      yes and no both you and your neighbor share responsibility for making sure that the fence is properly maintained, especially him since the damage seems to be on his side of the fence. If he knew about this problem and did nothing about it and you didn’t until now then he is a lot more at fault than you are but it is also your responsibility to check your fence for any damage to make sure that nothing happens to your neighbor’s dog even if the dog was trying to get out of its yard and into yours.

    4. Rayven ~Count Down to Sept 13t ~ says:

      As said above yes and no. If the hole was on your side of the fence and the property line it is your responsibility to maintain the fence. What if your dog had gone through and attacked their dog or even better gotten free and run off all together.

      Offer to pay half the vet bit and get the fence fixed.

      IF however the hole is a result of their negligence and the fence is part of their property, then the fault lies with them.

      Make sure if animal control comes by that your have record your dog is UTD on his shots. Also go online and check your local laws in regards to dog attacks on dogs

    5. answer says:

      It’s not a matter of whether your dog is at fault, but whether you’re at fault. The missing board is the big problem. That’s a pretty aggressive thing that your dog did. If he’s ever attacked a dog or a person before, especially if a police report was made and is on file, you would be at fault for not keeping the fence in good repair. Insurance companies (and judges) often divvy up the liability. You could each be 50% responsible for not fixing the fence, or 60/40, and be financially responsible accordingly.

    6. Hayley M says:

      Whose fence? you are responsible for keeping a divide between them if its your fence, if its their fence, its their problem

    7. eithne m says:

      Whose fence is it? If it’s yours you may be liable because you should have kept it in good repair. Hopefully their dog will pull through and nothing more will be said about it, just in case I’d be ready to contact a lawyer to protect my interests.

    8. v.ho says:

      no because your neighbor’s dog entered YOUR backyard. their dog should have been secure in their backyard. unless they can prove that your dog "pulled" their dog over or you are responsible for the missing board than its not your fault.

      good luck. (:

    9. knowitall says:

      Yes you are liable. Your dog bit another dog bottom line.That makes YOU liable, you will prob have to pay all the vet bills.

    10. Cookie9382 says:

      depends on who owns the fence ? if you own the fence then yea it will be your fault because it was your responsibility to fix the fence , if it is his fence then he is at fault

    11. Lisa S says:

      File a report that there dog was tresspasing. That’s really messed up cause the fact of the matter is that they should of kept there dumb dog outta your yard. But the way laws go these days who knows. Sounds like you have a cool dog though. I dunno it makes me mad at your neighbors just thinking about them blaming you wtf?!?!?! Now I’m Mad! They shoulda kept there dog off your property and your dog didn’t leave your yard? Well how can they blame you.?

    12. QueenBee says:

      Yes and no.

      To keep things calm between you and your neighbor you should offer to pay half of the vet bills.

      If this was taken to small claims court the judge could rule either way since their dog technically was still on their property but just stuck his head through the fence.

      It also dpends on who the fence belonged to. That person is responsible for fixing the fence. If the fence is on your property you were responsible for fixing it adn the attack is your fault.

    13. Bethnyc says:

      I would think it would need to be determined if you knew that your dog was dog aggressive and did not repair the fence to prevent such an accident. As a sign of good faith, I would offer to pay for half the medical if your dog showed no previous signs of aggression but was just protecting his domain in this instance. If you knew your dog was aggressive then IMHO you should pay for the entire bill.

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