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My cat was killed by my neighbors dogs. They broke through the fence. Is this negligence? can I go after prop mgr and owner?

Livermore, CA |

The properties share 55 feet of fence that has been in poor condition. Property was recently sold. Spoke with owner told him it needed to be repaired. He stated he would be renting the prop and was unsure if tenant would have dog. Told him i have cats and if there was a dog the fence needed to be a priority. Tenant moved in with two dogs. Called prop manager to tell him we need to get the fence repaired. two weeks went by and i had apts for contractor to come out to give me a bid to submit, but my cat was killed first.

Attorney Answers 2


Check with CA counsel. In some states, a scenario like this could trigger a claim of "strict liability" (which would be advantageous for you compared to negligence).

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I believe CA is a strict liability state regarding dog bites. The attack should have been reported to the police and animal control.

If you failed to do so then, do so now. Document all your costs from the incident and either bring the dog's owner to court yourself or retain counsel to do so. The CA and your county bar associations can assist you with referrals.

The foregoing is for general information purposes and does not establish an attorney-client relationship.

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