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Old 06-29-2005
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I have a six foot fence surrounding my yard and the 14 year old neighbor keeps jumping it to retrieve balls etc. I have told him not to do that as I have a scnauzer that bites. Am I responsible if he is bitten while trespassing in my yard.
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Old 06-29-2005
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Mark Kumpf Mark Kumpf is offline
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Default Fence issues


If your neighbor is "trespassing" make sure your property is properly posted. DO NOT use BEWARE OF DOG signs. Your dog is innocent and would never bite anyone. BoD signs indicate you know otherwise. Make sure you advise your neighbors child and parents pleasantly in writing that should he lose a ball in your yard, he should come to the door and ask persmission to enter your property. Specifically do not mention the dog. Note that should he enter the yard without permission, he is trespassing and you will not be responsible for any injuries and HE & HIS parents could be responsible for damages to your property or fence. Send two copies (1 certified, 1 not) to the address. Keep records of all of your correspondence and conversations. Bottom line, he gets bit - You will get sued. He falls and breaks his leg - You will get sued. The key to this is NOTICE. Once he and his family are on notice that your yard is OFF LIMITS, this shifts the burden of proof to his camp that he 1. had permission 2. you were negligent. If you have documented this and kept your paperwork, you may prevail in a lawsuit. It doesn't mean you WON'T get sued in the first place. If you haven't done so already, take your dog to obedience school or have it evaluated by a behaviorist who can offer you a K9 Good Citizen certificate or the equivalent. Build the case that your dog is an angel that way any attack that may occur can be dropped back in the lap of the person who "must have seriously provoked my obedience trained, good K9 citizen beyond any reasonable level in order to have forced my dog to bite to protect itself...."

Hope this helps...
Mark Kumpf
Administrative Staff
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Old 06-29-2005
hopespringseternal hopespringseternal is offline
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Mark is correct ! Follow his advice and you should be fine. Depending on where you live, check your ordinances, you might be able to head off trouble with a trespass warning.
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Old 06-30-2005
BA ACO BA ACO is offline
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also remember to make sure your animal is current on its rabies vaccinations. If it is not then your dog will have to spend some time in quaratine at your local shelter or local vet.
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Old 07-02-2005
luv k9s luv k9s is offline
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Default what if

vagirl wants to say thank you to all for the valuable info....Thanks everyone that responded!!
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