Dog jumped up on fence knocked child down on other side

[Ms57Classic]

Jurisdiction

Massachusetts

I have a 4 year old Shetland Sheepdog. I put a fence up years ago when I got her. Being a Sheltie she is very active. She is not used to anyone living beside us. Recently a family moved in with a 3 year old boy. As a precaution, I put a tarp over the fence. The mother put up a wall, a few feet high almost against my fence, on her side. When her son stands on it he can look over the fence. He often stands on this wall and screams with a high pitch voice. Drives the dog crazy. Mother says nothing. Today the boy was standing looking over and my Sheltie jumped on the side of the fence and this caused the boy to fall backwards on to the ground. I think he got scared and stepped back when he saw the dog jump at the fence or maybe the fence pushed him. It happened so quick, I really don't know. His mother was way in the back of the house and didn't see it. I was concerned so I called to her to make sure he was alright. I told her what happened. She didn't seem too happy and after looking him over she said he was fine. I wanted to write and get some advice. Who would be at fault if this boy was hurt?

 

[PayrollHRGuy]

You could be held liable. I doubt anything will come of this and the kid is likely now scared of the dog so you may not see much of him in the future.

 

[zddoodah]

Impossible to say in the abstract, but based on the facts mentioned, I'd say the mother was FAR more negligent than you (which isn't to say I think you were negligent at all). Make sure your homeowner's insurance is paid up.

 

[adjusterjack]

Who would be at fault if this boy was hurt?

I lean toward the mother being responsible.

I advise, however, that you not discuss this any further with the mother lest you admit something inadvertently that you shouldn't admit.

If she approaches you about it, report it to your homeowners insurance.

 

[Zigner]

For clarification: Did your dog cross over to her property, or was the dog entirely on your property?