How to address neighbor's aggressive dog digging under fence?

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I soak some hamburger in rat poison and leave it in the hole on your side of the fence. Or, you could stand by the hold with one of those long grill lighters. Or, if you have a weed dragon http://www.amazon.com/Dragon-VT-1-32-Propane-Vapor/dp/B002LH46M8......

This is a great idea if you want to get sued big time.

Oh, BS. If the dog takes something from my yard - going through (or under) the fence to get it, I'm not responsible for the consequences.

I realize you don't want to be held responsible and you think you're in the right. I know I can't change your mind on that and I don't care to try. But engaging in the kind of tactic you are recommending is the perfect way to get sued and lose. News flash, you can and will be held responsible for things that happen on your property, even by trespassers. Just a reality. If you know you are going to get trespassers (human or dog) and you specifically plan harm to them, it being your property isn't a defense.

Not the PP you're responding to but growing up on a farm, we shot unfamiliar dogs that came onto our property. All the farmers did since the unknown dogs can be a significant threat to livestock. I don't know why this case would be any different. If the neighbors' dog are barking at you and your kids, digging holes under the fence to get at you, it would be reasonable to protect your family. I don't know about the poison but I think it would be pretty hard to prove that you poisoned a dog deliberately. Also the law regarding tresspassers and homeowner liability generally do not apply if there was restricted access to the property - like a locked gate. If the dog is digging under the fence, there is not implied permission to enter the premises.

report

12/23/2011 12:24

Subject: Re:How to address neighbor's aggressive dog digging under fence?

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Anonymous

Woman awarded $45K when neighbor's dog killed her cat: http://seattletimes.nwsource.com/html/localnews/2002268301_yofi09m.html

report

12/23/2011 12:59

Subject: Re:How to address neighbor's aggressive dog digging under fence?

quote

Anonymous

Anonymous wrote:Woman awarded $45K when neighbor's dog killed her cat: http://seattletimes.nwsource.com/html/localnews/2002268301_yofi09m.html

The woman was awarded the money because the dog was in her yard when it killed her cat.

"Roemer said, one day in February 2004 she heard screeching coming from her back yard and saw a neighbor's dog, a chow, holding Yofi in its jaws and shaking the cat"

report

12/23/2011 13:03

Subject: Re:How to address neighbor's aggressive dog digging under fence?

quote

Anonymous

Anonymous wrote:Not the PP you're responding to but growing up on a farm, we shot unfamiliar dogs that came onto our property. All the farmers did since the unknown dogs can be a significant threat to livestock. I don't know why this case would be any different. If the neighbors' dog are barking at you and your kids, digging holes under the fence to get at you, it would be reasonable to protect your family. I don't know about the poison but I think it would be pretty hard to prove that you poisoned a dog deliberately. Also the law regarding tresspassers and homeowner liability generally do not apply if there was restricted access to the property - like a locked gate. If the dog is digging under the fence, there is not implied permission to enter the premises.

You're throwing around legal terms but you're not using them correctly. Wrong--just because you have a locked gate doesn't mean that you can poison or kill. Just not the case. As to you growing up on a farm and shooting unknown dogs on sight, this isn't in the 1970s and it isn't a farm. Animal law has really evolved. If you kill someone's pet in a situation short of truly trying to save yourself (say, during an attack), you may be on the hook. Not millions but tens of thousands, not to mention legal fees.

What "legal terms" are being thrown around incorrectly? I noticed you're not citing anything. Are you even a lawyer or just some animal nut?

If I have rat poison out in my backyard, it's not my fault if the neighbor's dog comes into yard from a hole it dug under my fence and gets into the poison. Sure, I "may" get sued but a meteor "may" fall on me tomorrow and that would be the end of me.