calliecritturs
Posted : 8/3/2008 2:56:59 PM
Sowilu
If ever something like that happend again and I couldn't get there in time could my neighboors sue me or something?
yes, actually they *could* try to sue -- now whether or not they'd be successful is another thing BUT it could cost your folks a lawsuit that they'd have to try to answer because the short answer is that anyone CAN sue anyone else for ANY thing -- even if it's groundless or frivolous you have to prove it and that takes time and money.
So honestly, I'd be proactive. Any time your dog is unleashed you are at risk. Big dog bites little dog? It's just not ever going to look good and all anyone would have to say is that this is something that's gone on a long time with neither side taking any measures and it would wind up with whoever had the best and most sympathetic story. Big dog bites little dog? Guess who would win no matter whose yard it was?
Shailer may be used to being loose and I know your father was trying to put in an invisible fence -- but THIS is exactly the scenario that is ***bad news*** with an electric fence.
Why? Because if your dog is trained to stay within the fence, any other dog, human or any kind of predator can come onto YOUR property and your dog can't do a thing about it. If your dog is sufficiently provoked to run thru the "zap" of the fence, often then they don't want to come home because they don't want to be zapped *again*.
There is honestly nothing like a real fence -- even though you aren't going to be there long term.
However, I would have your folks do a letter to the neighbors -- something in writing that you can keep a copy of. Something along the lines of: "Unfortunately we had a situation again today where your dog came onto our property and was being aggressive to our dog. Fortunately Shailer responded well to our commands and returned, despite the aggression from your dog. Please keep your dog contained -- particularly so that it stays on your property, so we won't have any repeat of such an unfortunate incidient."
Once you put something in writing you have set a precedent that you've taken some sort of action and you've identified that other dog as "aggressive". You send such a letter ****BOTH U.S. Regular **and** certified mail, return receipt requested*** absolutely for sure! Then you can prove they received it or that you made absolutely the best effort to be sure they did (so even if they don't sign for it, it still indicates you sent it regular mail and if you don't receive it back most courts will take that as proof of acceptance in lieu...)
Don't ever assume that just because you are 'right' that someone can't sue. Of course they CAN sue. And even if they don't win, it can cost both sides unbelieveable time and money, and if your parents don't bother to answer (because they assume it's groundless) then they'll be defaulted and the court would award the damages to the person who filed suit.
Be careful. I know this sounds like over-reacting, BUT if the chi did get hurt, I'm pretty sure it could be an expensive unpleasantness.