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Submitted: 4 months ago.Category: Real Estate Law
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Customer reply replied 4 months ago
This morning per our usual routine my girlfriend and I accompanied our dogs out to go to the bathroom in our gated backyard. Barking sparked our dog's interest to go the gate. Immediately I went to see what was going on and was met closely by the gate with our neighbor screaming "CONTROL YOUR DOG!" Soon thereafter I noticed there was a dog in their yard which we found out later the dog was someone else's they were watching.Hours passed by and we took our dogs on a leashed walk around the neighborhood as we usually do and this same neighbor pulled her car almost on the sidewalk to inform us the dog she had at her house had allegedly been taken to the hospital and their bill was $2,000.Our simple question is what liabilities if any should we be aware of. Also what steps can she take or we can take moving forward?
Answered in 1 hour by:
11/29/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 4 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 123,278
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the dog was not your dog, then there is no liability for you. If your dog was barking at the other dog in her yard and there was no physical attack then she has no claim. You stated that the other dog barking caused your dog to go over and look, but if there was a fence between the dogs and no physical contact occurred there is no law violation and no civil claim, despite what this dramatic neighbor is trying to insinuate. If she tries to make a demand, your reply should be that as there was no contact between your dogs who were confined in their own yard and any other animal, you are not liable and if she does not cease and desist you will pursue a complaint against her for harassment and seek a restraining order and legal fees for any frivolous claims she may try to file.

She would have to sue in court and she would have to prove your dog attacked the other dog and caused injuries. If your dogs were in their own yard, she has no claim.

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Customer reply replied 4 months ago
But She's saying that our dog bit the other dog and she took it to the vet for treatment. What is the best way to handle this?
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you for your reply.

She has to PROVE it was your dog, not just say it. If your dog was in your own fenced yard, then she needs to prove how your dog bit the other dog.

IF your dog did bite the other dog, you are legally responsible for any medical bills. You would be liable for medical bills only, no emotional harm or pain and suffering damages.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

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