My neighbor operates a child day care. ?

Question

While in the backyard, one of her kids placed their hand under a 3 inch gap in the fence. She claims my dog bit her finger. Who is at fault? My dogs were in their yard, are Boxers, and have no history of aggression. The area of my yard, showed the dogs had been vigorously digging, commonly done when they want something.. We have seen the kids tease the dogs in the past. If the kids were being supervised as they should have been for a CA licensed child care facility, why did she have her hand underneath my fence? Any feedback?

Answer 1

Whoa, you have a problem.

You have animals that may be aggressive.

Take positive action for them, unless you want them taken away.

First, repair the fence gap, whether you consider it your responsibility or not.

Second, place some sort of barrier between the fence and ground so your dogs can't dig along the fence. I suggest larger pebbles or small stones.

The main thing is to cover yourself legally.

You must understand, children are inquisitive and will do what they  will to explore.  It is not fair to say the child wasn't being supervised.

Teasing does not excuse the action of your dogs. They are supposed to be domesticated.

You need to post warning signs if you think there might be an inkling of danger to others.

Unfair as it may seem, human rights are more important than animal rights.

Hope this helps.  

Answer 2

That depends.  Were the dogs supervised at all times when outside?  If not, then you may be liable. It's always best to never leave a dog outside, unattended.

Edit: You can also start shooting video of how the kids aren't supervised, and give the parents "parting gifts" for them to view at their own home.

Edit: We also have a neighbor who doesn't supervise the kids she's watching.  She only has two or three to watch, and they are often all outside, all except the neighbor.  I have had to tell 3 yr olds she's "watching" to stay inside her fence.

Answer 3

> have no history of aggression

no known history.

until now, you mean.

> commonly done when they want something..

so your dogs regularly try to escape the yard into her yard, and have at least partial access and success at it...

> why did she have her hand underneath my fence?

I am pretty sure there are no licensing requirements that depend on no kids sticking hands under fences.

seriously dude, if you think there will be a dispute, hire a lawyer, but expect the other side to raise issues such as I did that are persuasive against you.

we are human, we have disputes. that is life.

the reason we have courts is to settle disputes like this when all other efforts fail.

Answer 4

It sounds like it this is a tricky situation.  The child should be supervised.  However, you also have to take in account how many other children she cares for.  She cannot keep her eyes on every child all of the time.  Now the child should not have their hand under the fence and the gap should of been fixed.  So that is her fault for not checking her backyard everyday after the children are gone.  So I would have to say that both parties are at fault.