Dog attacked by neighbors dog

Question
My brother has a very tricky situation. He has a 6ft privacy fence that he installed around his yard. His neighbors behind him have a dog that had dug at the fence and made a hole. My brother didn't see the divot because of the grass on his side. Well, the other day my brother's miniature dachshund was out in my brother's yard, apparently sniffed at the hole, and was grabbed by the snout, pulled under the fence and viciously attacked. He has had $1500 of medical care and the neighbors have said that although they are morally obligated, they are not going to cover the bills. They said my brother's dog went under the fence into their yard, which is not true. The hole was only about 4" in height and even a small dachshund couldn't have walked under it, let along this little tubby guy. He was grabbed, knocked on his side and pulled under. Do you know how this might play out legally? The neighbor said my brother was also at fault for not maintaining the fence. I say they should have gotten their own fence if they own a dog capable of mauling another animal. My brother has pictures of where the neighbor's dogs have destroyed their side of the fence and dug where as his side is untouched. Thanks for any opinion. By the way, pup is doing okay--he has probably 50 stiches around his neck and head and drains everywhere, but he'll make it. Thanks.

Answer

Hi Denise,

I'm glad your brother's dog is getting better after such a vicious attack!

I'm not an attorney, but it sounds like your brother's neighbor's are more than "morally obligated" to pay the vet bills. They may be legally obligated, and your brother may be entitled to be compensated for veterinarian bills, emotional distress, and anything else that he is legally entitled to receive. Many states have strict liability laws regarding dog bites. Basically, a strict liability law means that the dog's owner is liable for just about every injury their dog causes.  That said, some states  have "first bite" rule, which basically allows a dog to bite one time, and is only liable after biting that first time.

Your brother should not put off contacting an attorney. If the neighbors worded their response to your brother in that fashion (that they admitted they were morally obligated) that may be an admission of guilt, which may help your brother's case.


Regards,
Patti