Liability if neighbor's dog attacks?

Question

The neighbors next to my rental have a pitbull. Most of the time it's kept in the backyard. I am not on good terms with the neighbors because I had a run in with one of the adults there on a separate matter.

Today I had some workers at the property removing old, loose fence material that was piled against the existing fence. The pitbull was there next door as usual, and a group of teens were sitting in the backyard smoking herb.

Once the workers removed last piece of debris that was covering the fence, a small gap was revealed in the fence and the pitbull's snarling face appeared through the gap. One of the workers was spooked by the incident.

If the fence was damaged by a storm or part of it just fell over naturally, would I be liable if the dog broke through and bit one of the tenants?

NA Foster · Answer

NO DOG DESERVES TO DIE BY INGESTING ANTIFREEZE! IT'S A HORRIBLE DEATH.
Fix the hole in the fence.  You have knowledge
of a defect and won't stand much of a chance in court.

Loc R. · Answer

Whether you are liable or not is one thing, but whether or not you'll get sued is another.

Fix the fence to minimize your liability, and leave some radiator fluid around to minimize your chances of getting sued (tongue in cheek).

Steve Babiak · Answer

Pitbulls can be dangerous in natural form.  But now you've got pitbulls that are high from (second-hand) smoking of herb ... who knows how that might affect things!

Chris Calabrese · Answer

Definitely do what you can to minimize the problem, as it will save you some headaches.  I'm not a lawyer, but I find it hard to believe that a lawsuit would hold up if the attack was from another person's dog.  I mean, what if you didn't have a fence at all on your property?

Darcy Murnaghan · Answer

Yes, cover you behind at least by fixing the fence, when that is done its in "natures hands" you can only be so prepared when a freak storm/attack will happen. Fix it and move on dont loose any sleep. Discuss your concern with the boys next door, im sure there dog will be fine.

Bienes Raices · Answer

I think this might be what's happening. I've also seen that dog unleashed running around on it's own a couple of times in the neighborhood. One time I was doing some caulking in the rear of the house and it appeared in my backyard (gate was open and it walked in). But it just growled, it didn't attack.

But I should probably still get that fence patched just in case.

Tim G. · Answer

Dogs are like children, they are a product of their environment.  A lot of dogs "fence fight" they have their perimeter and they get mean behind a fence only to be fine the rest of the time.  I'm saying I'd gamble on that but it sure is a shame your neighbors are scum and not responsible pet owners.  That is the real issue.

The most decorated dog in military history is a Pitbull

Steve Babiak · Answer

Dogs ALWAYS have an appetite - you just don't want those pitbulls munching on you.

Bienes Raices · Answer

Ha ha, I think the dog is getting the munchies...the weed smoking is the least of my problems with this bunch next door

Jonathan Sher · Answer

Seems like an unfortunate and headache situation to be in. Your fault or not, if your tenant were to sue, you would probably be dragged in it by their lawyer. Name everyone in the lawsuit you can, and ask questions later.

Liability if neighbor's dog attacks?

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