Legal Question in Civil Litigation in California

Potential dog problem......

Hello, for the past 6 month the neighbor two doors down which i will call neighbor 1 has a ''tea cup'' dog (very,very tiny) and this dog can\and has squezze throught the owners fence and into my other neighbors next to me,which i will call neighbor 2, yard several times, which has caused my dogs to want to ''play'' with this dog ( i have 3 very large rottwielers ) my neighbor 2 has informed me that my dogs has been digging from my yard to her yard (not going into her yard ....at this point) so i repaired the holes, one day i notice my dogs digging at the neighbors 2 fence and i went to see, and in my neighbors 2 yard is this tiny dog ''teasing my dogs'' i went to the neighbor 1, and told him ( i have told hin several times of his unleash and unattented dog) about his loose dog and this generally goes out the window he does nothing to prevent this, neighbor 2 has told me that she on several occation has told neighbor 1 about his dog, Question, will i be responsible if neighbor 1 dog enters my yard and he get hurt or worse killed ? or if my dogs enter neighbor 2 yard to get neighbor 1 dog ? Help!


Asked on 1/17/05, 5:21 pm

1 Answer from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Potential dog problem......

If his dog enters your land and is eaten by your rotties then I think he will be hard pressed to find a cause of action against you -- i.e., his loss. If your dogs enter neighbor 2's land and do any damage including hurting the poor defenseless "tea cup," you will be without a paddle. Better shore up that fence. Also, I don't think you have any right to complain to neighbor 1 or neighbor 2 about the little dog, that is none of your business and is between them.

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Answered on 1/17/05, 7:37 pm


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