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My family was setting off fireworks in my front yard last night.

 
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  • Answered by:Tina
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Customer Question

My family was setting off fireworks in my front yard last night. And we blew a train horn. My neighbor came to my door this morning saying that our shenanigans caused his dog to freak out and get out of the fence. The dog ran and was struck by a truck. I feel awful and i dont know what to do. Can my neighbor sue me for any damages and is there something i should do in the meantime?

 

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Country relating to Question: United States
State (if USA): California

Submitted: 281 days and 20 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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Expert:  Tina replied 281 days and 19 hours ago.

Hello and welcome,

What time of the day did you blow the train horn?

How did that lead to the dog getting loose?

Customer replied 281 days and 19 hours ago.

The train horn was blown around 9pm. My neighbor said the dog spooked and got out of the yard.

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Expert:  Tina replied 281 days and 19 hours ago.

I see.

The dog getting out the fence as a result of your conduct would not likely be a foreseeable result of your "negligence" if such a claim were filed against you, but it would depend on all the circumstances.

First, a court would attempt to determine whether you had a duty to this neighbor with regard to their dog. While you would typically have a duty not to create a nuisance, there would not normally be a legal duty owed to the neighbor that would create any liability with regard to the dog, unless you had previously agreed to be held liable in some manner.

If the neighbor took legal action against you, I would not expect that they would prevail as you would not normally have a duty with regard to the neighbor's dog. I would certainly offer something to show good will in this very unfortunate situation, but there would not normally be liability imposed.

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Thank you and all the best to you,

Tina

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Expert TypeLawyer
Category: Legal
Pos. Feedback: 98.0 %
Accepts: 7457
Answered: 7/5/2012

Experience: JD, BBA Over 20 years legal and business experience.

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