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babe_in_bama2001 | My tree fell on the neighbors fence and his dogs got attacked, who pays? |
(a few details added)
A tree fell onto my neighbors fence after a windstorm a couple months ago. By law, our insurance is responsible for what is our property and his for his. The Fence is his property. He came over the day it happened (Thursday) and said he would have it fixed on Monday. Well, the tree was laying on the fence, and our dogs 'Allegedly' climbed over into his yard and attacked one of his dogs. There is no proof that our dogs did it. When we got home from work, they were in our yard with no scratches, blood or any signs of a struggle. He has a $250 vet bill. He says we are responsible, I feel since the fence was his reponsibility to get fixed, and our dogs have never gotten into his yard when the fence was 'intact' that his homeowners should cover it. Nor is there proof that our dogs attacked his. Any thoughts on this? He is threatening small claims court. The dogs were not restrained due to the fence was not completely down, it just had sink down where the tree was. |
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Phil
 |
You have two separate issues here: the tree damage and the dog damage. Apparently you have already turned over the tree issue to your insurance company.
If you have a dog, you are responsible for it's behavior, regardless of the fence. You need to review your homeowners policy to see if you have coverage for your dogs. If you do, you either need to pay off your neighbor so your insurance company doesn't find out, or turn the matter over and let them handle it. If you don't have this coverage, then you have a decision to make. You are talking about $250. The burden of proof is on your neighbor. Does he have proof that your dog caused the injury? If so, he could win. Without proof, it will be a hard case to win.
The question you have to ask yourself is what is the price of peace in the neighborhood. Is it worth the money to keep good relationships with your neighbor? Maybe split the cost with him? Especially if neither of you two are going anywhere soon. |
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mbrcatz
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OK, don't quote the law, then ask for an opinion. There are about a million caveats to exactly what you quoted.
HOWEVER, unless he can prove that the tree was rotten AND you knew it, you aren't responsible for any damage the tree does, if the WIND blows it over. If you were cutting it DOWN, though, and it fell on his fence, you WOULD be responsible for the damage.
His homeowners policy will likely pay for the damage to his fence, after his deductible, and a SMALL amount of debris removal. I'd expect that he's only going to clear enough tree to fix his fence, and the tree parts on his property. The REST of the tree removal is YOUR responsibility.
The dogs issue is a totally different issue. In most places, YOU are responsible to keep your dogs on your property. You knew the fence was damaged - the dogs should have been kept on a run. He can bring you to court, and will likely win. You are normally held responsible for any damage your dogs do to someone else, OR their property - like their pets. He will likely win, if he brings you to small claims court. If you invoke your homeowners policy, your company will either insist you get rid of the dogs, or cancel your policy for an "increase in hazard". Your ONLY defense, would be if HIS dogs were on YOUR property when they were injured. Because with that fence broken, HIS dogs should have been contained, as well.
Homeowners policies don't cover vet bills. Ever. They don't cover pets. Ever, no matter what. They only cover PET LIABILITY, if someone sues you for the damage YOUR pet does to them, or their property.
Saying, oh, the insurance company should have fixed the fence within 48 hours or some such is NOT going to be a defense. |
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writenimage
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If he can prove it was your dogs that attacked his, then you are responcible regardless of the fence. If you can prove it wasn't your dogs, then i don't think you should be responcible for the vet bill. If this happend recently, talke TONS of pictures of your dogs to show they have no signs that they were in a fight. If he does take you to court, you need to have as much documentation as possible. |
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Zuker
 |
I don't know the law, but I would think you would have partial responsibility anyway, if your tree was still laying on the fence. How's he supposed to repair it before the tree is removed?
Also keep in mind that in small claims court, he only has to prove his case by the preponderance of the evidence. Meaning, he only has to prove that it is most likely that your dogs attacked his. He doesn't have to prove beyond a reasonable doubt.
Good fences make good neighbors. Since the fence is not good right now, why don't you try to be a good neighbor. Admit to no wrongdoing, but offer to pay half the bill. $125.00 isn't that much to maintain decent relations with your neighbor. Again though, don't admit wrongdoing, in case he does take you to small claims court. |
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iheartwater0
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Do you think your dogs would ever attack the neighbors dog. I know your dogs are like family to you... but you still have to take this into consideration.. they are animals and animals act by instinct or provocation. |
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Mr B
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If he can prove your dogs attacked his, he has a good case, regardless of the fence. I would suggest you spend the money and get legal advice on this because he can easily add other damages as well (if he wants to be a real pain). |
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mary s
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1, was the tree already rotten or dead before windstorm if so you may be responible. 2.if it was an act of god that caused the tree to fall, you are not responible. 3. he has the burden of proof. So let him take you to small claims, fight for what is fair and right let a judge handle it. |
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wish I were
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I'd call and talk to your homeowners insurance and if they can't answer your questions, you can speak to an attorney the first time for free and see what they say. I wouldn't think you would be responsible, but you never know these days. Best wishes |
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bull_rooster_aardvark
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Well, the first question that comes to my mind is which side of the fence was the tree on? It sounds like it may have been on his side of the fence since he is paying for the new fence. If thats the case then I doubt you are at fault. Also, did you know the fence was not intact when you let the dogs out (and they then allegedly attacked his dog). Its seems like if you didn't know it was broken when you let the dogs out then you really couldn't have had any way of knowing they would attack the neighbors dog (assuming they did), and it was his fault since it was his tree that damaged the fence (thereby allowing them to get out).
Note, if the fence was clearly down, and you let the dogs out without regard to whether they may get out of the yard then maybe it was your fault as you should've been aware they could get out of the fence as do some damage. What if you had done this and they had attacked the neighbors kid - this would be major negligence. Still, assuming its not your fault the fence was knowcked down (ie it was this tree that did it) and you did not realize the fence was down when you let the dogs out, then I don't think it could reasonably be considered your fault.
Disclaimer, I'm not a lawyer this is rally just my opinion. |
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gitargal
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I am having dificulty understanding your logic of the fence being HIS responsibility. In Oklahoma, if YOUR tree fell on HIS fence...it's all on you and your home owner's policy. As far as the dogs being attacked & financial responsibility, in my opinion...He knew that the fence was in need of repair to keep his dogs safe...the financial responsibility should fall on him and his policy. |
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memyselfi
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It seems to me that the only issue here really is your dogs & whether or not that actually got into his yard & did attack his dog. You both knew the fence was damaged, so you both needed to heed more warning with regards to your animals.
As petowners, you do have the responsibility to make sure they are secure and others safe from injuries by them. With the fence damage, you probably should have taken extra care & either secured the damaged area with temporary repairs to prevent dogs from getting out of the yard, kept the dogs in the house or within a building or pen when you were no able to watch them or something to that affect to have prevented such an incident. I do believe the neighbor would have probably needed to have seen them enter his yard, as his animal could have also entered your yard. He also should have taken safeguards to have protected his dog as well. |
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no longer a user
 |
Oh dear lord!! Ya know, I am a dog owner and I am so sick of people that don't realize one very important thing...WHEN YOU OWN AN ANIMAL, THERE WILL BE FIGHTS AND INJURIES AND YOU JUST HAVE TO DEAL!!!!!!!!!! It's the animals instinct, basic friggin instinct, to fight for territory and survival. My neighbors dog bit my dogs ear half off and we just said "Hey, neither one of us had our dogs properly sheltered or leashed so lets just call it a draw and move on." Tell you're neighbor that you agree to better contain your animals and that he should do the same, kids will be kids. Sometimes, I swear, people will just find anything to fight or sue someone over, it's just stupid. If you are a pet owner, keep em inside or accept that no matter how careful you are, something may happen that's out of your control. If he gets really mad and argues with you, just let him read THIS! Good Luck!! I would offer to help him with the fence, see if that cools him down. |
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melissaw77
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Well, I think that if it was your tree that fell on his fence then you should pay to have it fixed it may not be the law, but it is the right thing to do, regardless of insurance companies and legalities. You are also responsible if your dog attacks his dogs, if you had repaired the damage that your tree fixed then his dogs wouldnt have been injured in a fight, whether it was your dogs that did the attacking or not. Appologize and cough up the 250 dollars. Or go to court, be ordered to pay the vet bill, then be ordered to pay court costs and fees, and possibly damages for the fence!! If it was you and the situations were reversed what would you want done? |
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