Damage done by neighbor's dog.

[NadineT]

Jurisdiction

Florida

The neighbor who lives behind me has two dogs. The dogs are left unattended in their backyard for long periods, they bark at all hours, and have been getting into my yard. They have damaged my fence in several areas and we have had to patch it. Now they are digging large holes underneath the fence and getting into our yard that way. Yesterday one of the dogs got in my backyard and I went out my back door. The dog ran up to me barking, growling, and trying to nip at my legs. I had to run back in my house and close the door. We can no longer enjoy spending time in our backyard. I am also concerned because we have 3 chihuahuas and 2 cats, all much smaller and more docile than the neighbor's dogs. We are afraid that the dogs will injure or kill our pets. We have made a report to Hillsborough County Animal Services and they replied in an email that they have a high call volume and will get to it "in the coming days." We don't know what to do. Would the neighbor's homeowner's insurance be liable for the damaged fence that now needs to be replaced? We are hesitant to replace it because until the owners control their dogs, they will only damage a new fence also.

 

[zddoodah]

We have made a report to Hillsborough County Animal Services and they replied in an email that they have a high call volume and will get to it "in the coming days." We don't know what to do.

Nothing's going to happen immediately. In the meantime, your post says nothing about conversations you've had with the neighbor, but talking the matter through with the neighbor is obviously the first thing to do. I'd also check with a contractor about a better and deeper fence.

Would the neighbor's homeowner's insurance be liable for the damaged fence that now needs to be replaced?

No. The neighbor is liable for any damage caused by failure to control his dogs. Whether the homeowner's insurance has an obligation to indemnify him for that is something I'm not sure about.

 

[hrforme]

I personally suggest dog deterrent whistles......used humanely.....

Carry Dog Deterrents

Whistle with a sharp note or ultrasonic: Dogs have sensitive hearing and a whistle with a sharp or ultrasonic tone can be effective in shutting down a dog that's engaging in aggressive behavior.

 

[retic]

Teach the dog to respect the fence by running an electric/hot wire designed for livestock six inches above the ground on the inside of your fence. When the dog tries to go under it will get a nice zot on the nose once it hits the wire. It won't hurt the dog and the dog won't associate you with the correction since the hot fence will work at all times, not just when you're in the yard. The cost of a low power charger, wire, insulators, and ground pole will be less than a vet bill.

Keep your cats indoors as you can't stop them from going over top the fence into other yards, and if the dogs catch a cat in their yard it likely won't go well for the cat.

 

[adjusterjack]

A homeowners policy should cover the damage if you can convince the neighbor's insurance company of the homeowner's negligence.

Here is more information about dog liability law in Florida.

florida | statutory-strict-liability-state (dogbitelaw.com)