I've had a neighbors dog constantly getting into my yard. I did all I could to keep him out he got in my yard & injured my dog.

Asked 10 months ago - Modesto, CA

A neighbor behind me has a dog that kept coming in my backyard. I did everything to keep him out. Once I had to walk over & tell them the dog had been in my yard for 2 1/2 days! Yesterday their dog got in & attacked my dog. I had to pay a $400 vet bill. I left a letter at their house telling them what happened & requested reimbursement. The girlfriend came over, acting like she knew nothing of the letter. She was mad that I called Animal Control, they lectured me for not calling them before, & she said she isn't paying the bill. The boyfriend told me before it was her dog and she said the dog was his. I know his name, how can I get her name & is the landlord also responsible for the dog's actions? If so how do I find him? I'm on disability, my dog is a service dog. I can't afford the bill

Additional information

Animal Control got the dog. They did a report & said I could press charges. My neighbors girlfriend said the dog was in her yard all day & night prior but the dog was picked up at 10 a.m. yesterday. I did do everything I could to keep the dog out, filing holes under the fence, putting poop in the holes before filling them, my next door neighbor put boards up on the fence the dog chewed up, put a plank (2"X6"X12') at the base of the fence so the dog couldn't come up from underneath. The last time the dog came in & attacked my dog, the injury was minimal, the owner said he was going to tether his dog. I wouldn't allow my dog out alone. I was out filling the holes & my dog was with me. I went in to the house to get my coffee, leaving my dog at his food bowl. I heard a commotion & saw the dog latched onto the side of my dogs face. That dog had to have been hungry. He had eaten all of my dog's food & knocked the garbage can down & ripped up the garbage bags.

Attorney answers (5)

  1. Golnar Sargeant

    Contributor Level 19

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    Answered . The landlord is likely not liable because it did not happen at his house, it happened on your property. See if your homeowner's insurance will help with this since it happened at your property. You can also sue the dog owners--if they're going to pass it off on each other, you can sue them both and have then sort it out--you can take them to small claims court.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute... more
  2. Allister Rex Liao

    Pro

    Contributor Level 11

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    Best Answer
    chosen by asker

    Answered . IDENTIFYING OWNER(S) OF DOG -

    Calling the police department, animal control, health department, or some other local agency that handles dog bites is one way of obtaining a written report that should identify the owner(s) of the dogs involved.

    Assuming a vicious dog hearing will be held, you may receive written notice identifying the owner(s) of the dog. If you attend the hearing you may also learn of their names.

    Or, if you know who the landlord is you might be able to obtain dog owner(s) names that way as well.


    IDENTIFYING OWNER(S) OF HOME -

    The County Clerk's Office or Assessor's Office should maintain a record of who the owner(s) of the property is/are. Making a trip down to the office, or maybe even a phone call could help with that determination.

    If you want to hire a private investigator, they should also be able to find this information.


    LIABILITY AGAINST HOME OWNER/LANDLORD -

    Landlord liability is possible in a situation like this, but is likely more difficult than a claim against the owner(s) of the dog. Landlord liability is typically based on a Premises Liability cause of action. Take a look at California Civil Jury Instructions, Series 1000 regarding premises liability.
    - landlord's duty is described in Number 1006.
    - links below will take you to the jury instructions table of contents for Series 1000.


    There's a lot of information here, some easier to digest than others. So, you are strongly advised to seek local counsel for advice and guidance.

    Best of luck!

    This information is not legal advice, does not create an attorney-client relationship, and is intended for general... more
  3. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

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    Answered . SUE THEM BOTH. BEST OF LUCK.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Small claims court

  5. Stephen Ross Cohen

    Contributor Level 20

    9

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    Answered . In agreement with both attorneys

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

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