What to do if while my dog was tied out on my property she killed the neighbor’s free range chicken?

UPDATED: May 30, 2012

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What to do if while my dog was tied out on my property she killed the neighbor’s free range chicken?

What am I responsible for since it happened on my property?

Asked on May 30, 2012 under Bankruptcy Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You would not be responsible if your dog was tied/restrained on your property. Liability, or the legal obligation to pay money, generally depends on fault; fault depends on either an intentional bad act or negligence, which is unreasonable carelessness; however, if your dog was tied up on your own property, you were neither careless nor intentionally doing anything wrong--hence, you should not be liable.

That's not to say that it might not be the better choice to pay for the chicken, if that costs less than "bad blood" between you a neighbor, but that's your choice; based on what you write, you appear to not be legally liable for the loss.

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 AttorneyPages.com 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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