Suing Neighbor

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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

Answers:

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

Answered 3 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.


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