Legal Question in Civil Litigation in California

I live on a private common road with 5 other houses. When I walked my 3 dogs , which were not on a leash, past another property, their 3 dogs barked at me, growled and charged aggressively on the road. They were unrestrained too with no owner in sight. Their dogs started the fight and one of my dogs bit the aggressive dog and caused injury. The road is owned by the owner whose property it fronts. Who is to blame here ? Me or my neighbor ?


Asked on 10/29/11, 6:06 am

3 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

You say 'private common' road owned by your neighbor. Which is it? Is it private or is it common? Sounds like mutually excluse, no? Anyhow, therein lies the answer. If the road is private and OWNED by your neighbor, then you trasspassed with your dogs. Hence you are liable. However, if you had the legal right to be there, AND there are no local ordinances pertaining to leash laws, you then may be in the clear. More facts are needed for more thorough analysis. Good luck.

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Answered on 10/29/11, 10:05 am
George Shers Law Offices of Georges H. Shers

Also, you need to remember that dogs attempt to defend the property of their owner. Your coming into "their territory" with a "pack" of dogs is going to result in their charging out to defend the property, without their knowing the legal niceties of human divisions into common, private,easement, etc. You might want to pay for the injuries to the other dog in order to maintain good relations with the neighbor.

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Answered on 10/29/11, 10:23 am


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