How can I get my neighbor’s insurance info if their dog injured our horse?

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How can I get my neighbor’s insurance info if their dog injured our horse?

My horse was attacked by my neighbor’s dog which then chased the horse through our fence causing more it injury, plus damage to our fence. The horse was contained in our pasture and the dog was unrestrained running loose. I have accurred over $6,500 in medical bills for my horse and at least that much replacing my fence with a dog proof fence. The opposite neighbor witnessed the incident and the dog was still in our pasture when we discovered our hurt horse. The homeowner of the dog refuses to provide their homeowner’s insurance information for us to work with and my insurer threatened to raise my rates stating that they had not provided enough insurance coverage on my house because it had gained in value in the last 2 months since I moved in.

Asked on July 7, 2018 under Real Estate Law, Ohio

Answers:

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

Answered 3 years ago | Contributor

Your only recourse against your neighbor, who refuses to provide homeowners insurance is to sue the neighbor for negligence. Negligence is the 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 negligent for not taking precautions to keep the dog on his/her property.
If this is the first incident of the dog attacking, its owner is liable for negligence. If the dog has a history of attacking/biting, the dog owner is liable for negligence and strict liability. Strict liability is liability whether or not due care was exercised.
Your damages (monetary compensation you are seeking in your lawsuit) would be the vet bills for your horse and the cost of replacing your fence.
 


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