If they use your yard without your permission and your dog bites them, it is their liability. |
Why does the OP have a vicious unpredictable dog in the first place? Being a parent, and having kids with friends, I'd never keep such an insane dog. |
Gee- I wouldn't think anything of it, I'd be happy to see the swing set get some extra use. Our old neighbors used to come over regularly and use ours. |
Actually, I think the owner is liable. My brother lives in NYC. In his neighborhood a young man broke into a row home. Somehow went up to their roof and somehow fell off. Paralyzed for life. Guess who he sued and guess who was liable. The homeowner was. Even though this guy broke in and they weren't even home at the time. It's stunning but it happens. I would love to have an open door policy in my home regarding neighborhood kids. But stories like these make it impossible to allow that. |
I agree. Dog owners like this are complete idiots. |
Yeahhh...it's not that simple. |
Case cite, please. |
Perhaps. But if you insist on playing hardball - the agreement was NOT in writing, and it IS OP's private property. You are not very bright. |
I have no idea how to case cite it? ![]() |
OP here. I never said I have a vicious dog. But she is a dog. She barks and gets mad from inside the house when the lawn people come in the yard. She barks and gets mad from the house when repair people come into the yard. Same with squirrels but that isn't relevant here. She is fine with people we know who come in the yard with us, but how am I to know how she will react to someone coming into the yard without us, or if we aren't home? Obviously she knows who the neighbor is, but I'd rather be safe than sorry. |
They opened your gate, entered your back yard and played on your swing set? |
No, you're blaming the wrong person. She sounds like she is reflexively polite. A lot of us were raised to be that way. Sometimes we regret it later but it's still better than walking around without any polite reflexes. OP was caught off guard. The problem was created by the trespasser. I can't stand it when people try to run over other people and then put the blame on them for not saying no more forcefully. No, you shouldn't have tried to take advantage of them to begin with. |
Exactly. |
![]() Even the most gentle, calm dog will protect his/her domain from a stranger. The house/yard is the dog's territory. You are a stranger violating his/her territory. The dog will act. That doesn't make the dog vicious or unpredictable; it makes the dog a dog. You're too polite, OP. I wouldn't want my neighbors using my yard either while I was home or wasn't home. That's just weird. It's also teaching the kid not to respect boundaries. When my DD was younger and saw a swing set, she automatically equated that as a park. We had to teach her that no, not all play equipment is park equipment. One of my favorite memories is of her seeing a very cool playground set up at a daycare and asking, "is that a public park or a private park?" And after explaining it was private, her replying with "that makes me sad. Can we just stand here for a moment so I can close my eyes and pretend I'm playing on it in my head?" It became a joke in our family... "just close your eyes and pretend in your head." |
Nightmare adult neighbors give birth to nightmare child neighbors - not just the stuff of horror movies, unfortunately. |