NSW Dispute about who is liable for dog fight

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bundyrum13

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8 April 2018
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This morning I was woken up by a family member telling me she had seen my neighbors dog had broken a fence panel by pushing through and bending the bottom on my fence panel and come onto my property, my dog had then chased the neighbors dogs and had followed it back in to the neighbors yard. The 2 dogs then had a fight where both pets were injured, My neighbor called me and said I had to pay the vet bill and fix the fence as the dog fight was on his property, BUT his dog had come into my yard and provoked my dog and if his dog had not broken through the fence there would not have been a way for my dog to get into the neighbors yard. I really need advise here I do not know what I am liable for and if it was my dog or his dogs fault for the incident.
 

Rod

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27 May 2014
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The fact that his dog broke the fence in the first place seems to suggest the neighbour is at fault. The strength of your case depends on the witness. No witness, no case.

Though it could be that both parties are at fault. For instance your dog could have dug a hole but not sufficient to allow access, the other dog may have gained access by pushing the fence near the hole.

How much was your vet bill?

The neighbour should repair the fence at his cost if the damage was due solely to his dog.
 
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bundyrum13

Member
8 April 2018
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There is no evidence of my dog trying to dig, there is no hole or any type of digging just a fence panel pushed inwards to my property, which i took photos of as soon as the dogs were under control (to show the neighbors dog had push out the fence panel to gain acces) i have photos from both sides if the fence.

My vet bill was around $250 where as the owner of the other dog has told me his dogs vet bill came to
 

Rod

Lawyer
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27 May 2014
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$250 is probably not worth fighting over from your perspective. Cost more in legal fees and stress.