Am I held responsible if my dog attacks a dog after it roamed onto my property?

Asked over 1 year ago - Middleburg, FL

My neighbors' small dog was out and walked onto our yard and our big outdoor dog attacked it tearing flesh. We paid $200 of the vet fee but our neighbors are still trying to call animal control on her.

Attorney answers (4)

  1. Jason Todd Studinski

    Contributor Level 20

    5

    Lawyers agree

    Answered . Report to your homeonwer's insurance company to resolve this case. If you do not feel your insurer is protecting your interests, retain a lawyer to help you. Good luck.

  2. George Costas Andriotis

    Contributor Level 20

    2

    Lawyers agree

    Answered . Possibly. Report the incident to your homeowners insurance ASAP.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  3. Dennis Michael Phillips

    Contributor Level 17

    2

    Lawyers agree

    Answered . 767.01 Dog owner’s liability for damages to persons, domestic animals, or livestock.—Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of “domestic animal” and “livestock” as provided by s. 585.01.
    "Domestic animal" includes dogs per 585.01. 767.01 is a strict liability statute and no defenses are listed in the statute. So, there is a strong civil liability claim against you as the owner. As for whether your dog should be addressed by animal control, I think you should check with your municipal ordinances to see what the local laws are regarding dog attacks.
    Your HO policy might be helpful to you, barring a specific exemption for acts of dog; but your deductible may be higher than the total amount of civil damages under the circumstances.

    Do you know the consequences of your legal situation on your Financial & Estate Plan? Dennis Phillips is an... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Simply report it to your homeowner's insurance carrier, and they will resolve this.

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