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Neighbor's 100 pound dog came under my fence an attacked my dog in my backyard. What are my rights?
The dog is new. It's a two year old male American Bull Dog, and supposed to be neutered although I question it with the aggressive behavior I've seen. The dog shows aggressive behavior to both me and my 11 year old 60 pound male Labrador Retriever by aggressively charging the fence, barking, jumping on the chain link fence and going under it if he can find a weakness in the fence. I doubt the fence will last long under this type of aggression. The neighbor adopted the dog to protect his property but I'd appreciate it staying on his side of the fence. My dog came in bleeding on both hind quarters, obviously trying to get away from this dog. My dog is elderly and may not survive another attack. I told the neighbor that I feared for my dogs safety regarding his dog weeks ago. He told me his dog was just trying to play with my dog. The wounds on my dog say otherwise.
What are my rights and what should I do?
MY dog IS an "inside dog" and part of my family but he goes out several time a day for a few minutes to use the bathroom. I had only let him out for two or three minutes when he was attacked by the neighbor's dog.
A new fence wouldn't help either with all the pounding it would get. It would need constant repairs too unless the dog's behavior is finally corrected.
10 Answers
- 1 decade agoFavorite Answer
I agree with calling the police. They will also document the report which will help if/when suing your neighbor for damages should they choose not to pay for your expenses. It will also provide evidence that it's a vicious dog. Not only should you do this for your own and your dogs safety, but those who may be future victims. Take your dog to the vet. Your neighbor should step up & take responsibility otherwise you can force them through legal channels. Papertrails such as police reports & vet check are key! Don't wait! The sooner you do these things the better your case.
- ?Lv 71 decade ago
You have the legal right to have the dog removed from neighbor's residence. This is because the dog came uninvited onto your property, attacked & wounded your dog and has also shown aggression towards yourself.
Contact your local ASPCA with your complaint. They will go to neighbor's home & discuss solutions to the problem. They can also evaluate the total home environment there, meet the dog & see dog's behavior.
Unfortunately, since it is a faulty fence that is allowing the dog to enter your yard, installing new fencing might be the only lasting remedy. This would be incredibly expensive & the expense would be split between your neighbor and yourself.
You could also immediately call the police & press charges against your neighbor. This might result in the dog being put down if there have been other complaints or if dog shows aggression towards or even attacks responding police officers.
I hate to see an animal punished for the behavior of people. If neighbor trained dog properly & had good home, this would not be happening.
Please, try calling ASPCA first. If it is possible financially to install new fence, please consider that as well. Remember, only the fencing that edges neighbor's home would need to be replaced & your neighbor would split cost (because that is what a court would rule).
I'm so sorry your dog was hurt & hope he is alright.
EDIT: Dawn: New fence would help only to the extent that dog will not be able to get underneath it to your yard.
Another solution is to have neighbor put 2nd fence in his yard that is a couple of feet away from chain-link fence. The 2nd fence would take all of the beating & would be installed wholly at neighbor's expense.
You will need to call police, make report, go to court & ask judge to rule about 2nd fence.
- alias boxerLv 71 decade ago
Contact the authorities. The best thing to do WOULD HAVE been to contact animal control immediately following the attack on your dog, so that they could come by and take note of your dog's wounds, and also to pay your neighbor a visit and observe the dog in his backyard. It would still be worth calling them now, but doing so 2 weeks ago when the incident occurred would have been your best bet.
On a personal note, any person who gets a dog to "protect his property" is a scumbag in my book. All that translates to is a dog who is under-socialized and under-exercised, which is just an accident waiting to happen. If you care about your dog (which I'm sure you do) don't allow him in the yard until this situation with your neighbor is under control. Take him out front on a leash for potty breaks until this situation clears up.
Talk to your other neighbors who know that this dog is aggressive, and ask them to attest in court against the vicious dog *if* it happens to come to that. Write a letter to the authorities concerning the dog and have your neighbors sign it.
You are in your rights to press charges against the neighbor since it was his dog who came over his property line onto yours. Unfortunately this sort of case has a hard time holding up in court, PLUS if you were to sit around and wait for this to happen again you'd be putting your dog at risk. I'd call animal control now so that they can write up a report on this, so that when this happens again (God forbid) there is already something in the books and it will be a "second offense" so to speak.
- 1 decade ago
Call the police and file a complaint about the attack that already happened so that it goes on the records asap especially since the dog control will then come out and check to see if the other dogs have all shots including rabies up to date. the owner of other dogs are Legally responcible to pay your vet bill for the injuries although with the police report in hand you can take him to small claims court for those expences.
The other dogs owner is not going to listen to you oif he thought that his aggressive dog is "playing" that dog will eventually kill your dog or you so dont play nice guy.. call the police and get that reported so the guy has to keep his dog under control / trained that is.
be safe!
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- 1 decade ago
Call animal control and the police and demand that the neighbors pay to repair the fence so that their dog cannot get under or over it,and maybe it wold be wise for you to put up a section of privacy fence on that side of your yard,with rock,concrete, or railroad ties around the perimeter to prevent the dog digging under it. Also,take photos and videos of the dog lunging at your fence as evidence and give any vet bills to your neighbors.
- 1 decade ago
Well first of all, you can start by WATCHING YOUR DOG WHEN HE'S OUTSIDE AT ALL TIMES. There's a thought! Worry about your OWN dog, and his safety, not the other dog.
Fix your fence. Monitor your dog when he's outdoors. Contact animal control about the "attack." Document the injuries, take the neighbor to small claims court if need be.
- 1 decade ago
you should go to Animal control or rabies control and report your neighbors dog. I wouldnt want to imagine what would happen if your neighbors dog got loose. Your neighbors dog should technically be quarantined for 10 days by rabies control unless he has current rabies tags
Source(s): RVT - ALv 51 decade ago
Then keep your dog inside, as part of the family.That's probably the reason why the other dog is so damn aggressive.It's used as a tool and not treated as a pet.If I were you, I would contact animal control and have them do a home study and check with your neighbors.That dog has NO business coming onto your property.
- ?Lv 71 decade ago
You should get your dog medical attention ASAP and save all your receipts. Then call an attorney.