Suing Neighbor

UPDATED: Oct 1, 2022

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Suing Neighbor

A little 8 year old boy and his dog was walking past my home at 9 pm without his parents. His dog got loose and started scratching at my garage door which was up about a foot. My dogs ran to the garage opening and starts to bark like crazy so the little boy got scared and ran across the street I guess thinking that the dogs were chasing him. As he ran into the yard across the street he tripped over something and broke his leg. Are we liable for his accident under our home owners insurance?

Asked on February 23, 2018 under Personal Injury, Texas


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

Answered 4 years ago | Contributor

You should argue that you are not liable because the kid was injured on another's property across the street and the owner of that property is liable for the kid's injury.  You should argue that it was unforeseeable that the kid's dog would get loose and the kid's response would be to run across the street where he was injured in another's yard because he heard your dogs barking.  On a separate issue, you should argue that the parents were negligent for letting a little kid out with his dog at 9:00 PM.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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