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Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 100011
Experience:  US licensed attorney; Halahik law studies; Hebrew speaker
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It seems like my neighbor is preparing to sue me after

Customer Question

Hi. It seems like my neighbor is preparing to sue me after an incedent where he was bitten by my dog. Unfortunately I didn't wit.was the entire incedent but what I know is that my dog got loose and he was trying to return the dog, once they were on my front yard (private gated property) there was a brawl in which both my dog and neighbor were injured. The next day he filed a police report and my wife was taken in for questioning. My neighbor had one stitch on his hand yet is wearing a full arm bandage and making regular visits to the doctor. I filed a counter complaint with the police in which I itterated that this neighbor has a history of abusing my dog and entering my property without permission. What are the implications here? Does my neighbor have a case against me? If so, how much am I liable? How else can I protect myself in this case? Thanks, Mati *************

Submitted: 7 months ago.
Category: Israel Legal
Expert:  Ely replied 7 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
I am sorry to hear about this situation, M.
What are the implications here?
This would be settled via civil litigation. The police will only become involved to seize the dog if the dig is deemed DANGEROUS under The Dog Regulation Law 2002 or similar legislature. This is unlikely if there has only been one incident.
Does my neighbor have a case against me?
He may. The case here rests on whether or not your neighbor did anything to provoke the dog. So it really depends on the circumstances and in the end, whom the Judge believes. The following is important:
-whose property did this occur on?
-did he come unto your property uninvited?
-was he aggressive (giving your dog reason to be protective), or was he not aggressive?
-Etc.
If so, how much am I liable?
If the Court finds for him, someone in your situation could be liable for his medical costs plus pain and suffering. Pain and suffering can vary widely depending on the accident.
How else can I protect myself in this case?
Someone in your situation may wish to clarify what happened from your point of view and NOT CHANGE that view, because modifying your account only casts doubt on your side of the story. In addition, your account - hopefully - has him being aggressive and thus, giving the dog reason to attack.
When I say "him" being aggressive, this can involve HIS DOG being aggressive too, but it all depends on the circumstance.
B'hatz'lacha!
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