My dog nipped my neighbor while he was leaning over my fence. My neighbor was standing on his own property but leaned over into mine. I never invited him over and no one saw the incident. Dog didn't break skin. He just nipped him. Now he is threatening to shoot my dog and do other bodily damage to him. Can he sue me or was he trespassing?
2 Answers from Attorneys
Technically he could sue you but he would have to prove he sustained damages (medical bills, wage loss etc...). I don't believe the "trespassing defense" would help you. If as you say he didn't break the skin I don't think you have anything to worry about. But, if I were you I'd report your neighbors threat to the police.
yes, you can be sued for a dog bite injury. Recently, the Ohio Supreme Court issued a decision which made it easier to sue for a dog bite. Of course, the circumstances you described would be taken into account. I would advise reporting the matter to your homeowners' insurance company, and not to discuss the matter with your neighbor or anyone else who may report back to him.
Vaseem S. Hadi