good neighbor fence

neighbor has five large dogs broke thru my fence. I have two small children.The
dogs are very aggressive. I had to replace fence for saftey of family. Neighbor
refuses to pay half.

Asked on March 2, 2016 under Real Estate Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The dog owner is liable for negligence (failure to exercise due care, that degree of care that a reasonable dog owner would have exercised under the same or similar circumstances to prevent foreseeable harm).  The dog owner is liable for the entire replacement cost of the fence.
Since the dog owner won't pay for the fence, your only recourse is to sue the dog owner for negligence to recover the cost of the fence.  Depending on the cost of replacing the fence, you may be able to file your lawsuit in Small Claims Court.  Your damages (monetary compensation you are seeking in your lawsuit) would include the cost of replacing the fence and court costs.  Court costs include the court filing fee and process server fee.

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