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our fence blew over, our rottweiler escaped into our neighbor's yard and killed her small dog. I feel awful about all this, of course. I am terrified about her calling the police...when we spoke with her she kept saying she should have helped us repair the fence a long time ago, but she didn't have the money. She wasn't angry with us, just felt like she was partly to blame. We were (are) in the process of calling fence companies to repair our shoddy fence. This is in Texas, btw. I think leash laws proclaim pets as personal property and we could be taken to court over this. I am freaking. I feel awful. Please don't judge us, we are not awful people.
Hopefully if you continue to be compassionate towards your neighbor, she won't sue you.
I'm no lawyer. I think you would be liable because it's your fence and she had no financial obligation to help pay for repairing it (unless Texas law is different). Personal property doesn't have pain and suffering value in court. That means the liability would be to what the financial value of the dog. If it was a show dog, that would be a bigger problem because show dogs have value via future prize money, etc. You have homeowner's insurance, right?
I'd get that fence up right away. Until you do, keep your dog on a leash at all times. You don't raise the question of the your dog being potentially euthanized for this. That would be a bigger fear of mine than getting sued. Maybe that's not part of the laws in your area.
You can do the right thing by buying her a puppy (the type of dog they had).
Oh my, DO NOT, I repeat DO NOT buy her a puppy. She is grieving the loss of her pet and you can't assume that a new pet is what she wants at this time.
It is up to her to decide when and IF she wants another dog.
Be sincere. Tell her how awful you feel. Be honest with her and ask if there is anything you can do. Hopefully, she realizes you never anticipated this could happen and she knows this was a horrible accident.
I agree that you need to keep your dog in your house or on a leash until the fence is permanently fixed.
So sorry this happened. I am sure it is awful for you both.
sounds to me your fence had been down for more than one day if she regrets not helping you repair it. if this is the case it seems to me you are extremely liable for her dog's death and her emotional stress. You failed to keep your property secure and you know your dog's breed is ripe for lawsuits. With a bit of time and after she has talked to some other folks she may very well regret telling you she isn't mad. I would be mad as hell. If she doesn't sue you, you are very lucky. From what you have written it looks like you were negligent about your fence "for a long time" and your negligence caused the death of her dog.
Thank you for your replies. I just spoke with the neighbor and told her we were ready to buy her a new dog when she is ready and my husband is staying home from work tomorrow to call fencing people.
First things first and first is the safety of others and their pets. Like it or not, your dog's breed is a magnet for bad reputations.
I am curious, why would your dog kill the other one? It sure sounds like there is more to the story. I've been around rotts and they were gentle to a fault, slobbery and messy but like big puppies, even around other dogs. Your dog killed another and there is something else to this. Thank goodness it wasn't a small child.
I'd get the dog evaluated because if she decides to go after you when her mind isn't wrapped up in grief (then anger kicks in) almost guaranteed someone else will be evaluating how your dog responds to property boundaries, associating with strangers and typical control techniques.
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