Hello. My neighbor slipped in dog poo on her lawn last week and claims she has a "compressed fracture" and needs surgery and might be out of work 6-8 months. She said she still has the dog poop she slipped in and she is going to get DNA samples of the dogs in the neighborhood (she does not have a dog) and find out whose dog it was and sue the owners for lost wages. The catch is this: My daughter had her first birthday party this weekend and the lady did not like the crowd it created around the house and pealed out of her driveway almost hitting two kids! Then when she got home one of the parents who is also a neighbor told her that if she drove like that by her kid that there would be issues. She called the cops saying she was threatend, and the cops came and all I know is what the cop told me which was "She did not like what we had to say to her". I think that she did really fall, but now has decided to sue because she is mad at the neighborhood and this is her way of retaliating. My question is can she sue for slipping in dog poo that was on her property, if it belongs to my dog or someone elses, and secondly, even if she did sue wouldnt this be seen as retaliation? I understand it is our responsibility to clean up after our animals but these things do occasionally happen, and isnt it her responsibility to keep her yard clean? I mean, if I would have stepped onto her property, slipped and fell in the same poop, I could sue her because it was on her yard!!! Any input and advice is appriciated! Thank you.
I don't know if the same principle applies, but during a hurricane here in VA a few years back the issue of who owned the tree in reference to whose insurance had to pick up the cost for the damage got knocked around a lot.
It was determined that whomever owned the property that was affected had to claim on their own insurance. If you use the same logic then she would be responsible for the poo in her own yard. If a guest of hers had fallen instead, she would be the responsible party.
If she can find a lab to process DNA doggie poo and then find the guilty dog all she can do is possibly get a summons for tresspass.
That's just my .02! She sounds like a real joy to live beside - you have my sympathy.
Do they even have labs that would process dog poop DNA? Is she going to go around to yards and scoop offending poop? This sounds so ridiculous.
Has she actually found an attorney that would take this kind of a case?
I would say, if she doesn't have an attorney yet - she is probably just blowing smoke.
And you also have my sympathy for having to live next to such a great neighbor.
Sad, but she most likely did find an attorney to represent her. About the dog poop - she owns no dog and so whoever's dog is pooping in her yard - it becomes the dog owner's responsibility. In fact there are leash laws and poop laws that can apply to this - the dog should not have been out on his or her own. Check with your city ordinances about leash and dog poop laws. So she might have a legitimate gripe here. I do doubt the seriousness - if she can peal out of her driveway - too bad you did not get that on video.
I live in big apt complex that allows dogs. One of my neighbors was taking her garbage out and slipped on some dog droppings and fell on the sidewalk, hurting her hip. She successfuly sued the property management for not enforcing the dog ordinances in the city. Then the management went after all the dog owners and evicted them all, since they could not tell who was really responsible. Who would admit that? But now, there are new dog owners with the same problems. I feel if someone wants a dog that much, then they should follow through on all the responsibilities.
It is both necessary and easy to clean up after your dog. One way is to slip a plastic bag over your hand, and pick up the offending matter and turn the bag inside out. I always have some of the bags my newspaper comes in on damp days with with me. Some people use bread wrappers.
Do you have any idea how many questions I see from people upset about their neighbors dog fouling their yard?
I can't speak for there area but for example were I live there is no leash laws, it is legal for your dog just to wonder around the neighborhood if they want and they often do thier busniness here or there. Only inside city limits in the last three states I have lived in are there any leash laws ata ll.
She can sue, yes, people sue for just about everything. If you have homeowners insurance, which I hope you do, I wouldn't worry too much about it, if she makes a claim or attempts to sue, you would simply turn it over to your insurance company and they would assist you in the matter.
Linear Mode
