My dogs attacked our neighbor's dog that was on our property...
by Angelica (Arizona)
My dogs (pit bulls) attacked my neighbor's dog. He was on our property and our dogs attacked and chased him all the way back to the neighbor's property. The neighbors are now threatening to shoot our dogs if they come onto their property and call the police.
Their dog is always out of his yard. He's not mean but he's always wandering the roads and passing into our property. Our dogs have never been mean to him before, but today they decided to attack. What do I do? Are we really liable if his dog comes onto our property? Thanks for any information you can give.
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ANSWER for "My dogs attacked our neighbor's dog that was on our property...":
Speak with your neighbor and make clear you do not want their dog to come on to your property. Then follow up with a certified letter confirming your demand. When you speak with your neighbor, tell him or her you can not be responsible for injuries your dog may inflict upon their dog if their dog continues to trespass.
For legal purposes, trespass does not occur until such time as those people or their pets are notified by the owner of the property not to come onto the owner’s property. Notice can be by a clearly marked sign, by letter, or by verbal instructions.
Once the property owner makes clear he or she does not want certain people or their pets to come onto to the property, trespass will then occur if the people to whom the warning is directed ignore that warning and come upon the property.
Once your neighbor has been notified, then if their dog comes onto your property and your dog inflicts harm, you should not be liable for any injuries and resulting veterinarian costs your neighbor may have to pay.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.