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 threatened, 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 else's, and secondly, even if she did sue wouldn't this be seen as retaliation? I understand it is our responsibility to clean up after our animals but these things do occasionally happen, and isn't 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.:confused:

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 successfully 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.

Let her talk, it is all bull, first do you know the cost of DNA tests, and next she could not get a court order for the dogs DNA if she wanted to.

Just laugh at her and go about your business

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 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 their busniness here or there. Only inside city limits in the last three states I have lived in are there any leash laws ata ll.

Not every thing that is legal is responsible or acceptable.

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.

Not every thing that is legal is responsible or acceptable.

Ain't that the truth!

Yes she can sue. If there are pooper scooper laws in your area, then she will win the suit. If not, then probably not, especially since it was in the grass not on a walkway.

Whether this is retaliation for other slights has absolutely no bearing. All that matters is whether the law in your area requires pet owners to clean up after their animals or whether there are leash laws. If it does then the dog owner was negligent and liable.

Scottgem, I don't believe the nasty neighbor knows whose poo was whose.

I don't think she has a case unless she got the offender on tape, do you? Apparently there are multiple possible parties that it could be.

Note to the wise: Pick up your puppie's poopie or risk a lawsuit!

[quote=Emland]Scottgem, I don't believe the nasty neighbor knows whose poo was whose.

Maybe the CSI crew could come out and "investigate" all the dogs in the neighborhood.

This person is wacko. Where was this poo if it was on the grass how could she have suffered such injuries? And if it was somewhere else why didn't she see it? It's poo how do you slip on it anyway?

It's poo how do you slip on it anyway?

There is some big, nasty poo out there. It could happen!

The cautious side of me would be to ignore the neighbor and steer a wide path around her. The crabby side of me would want to put one of those toy CSI kits on her porch and hide in the bushes and watch her reaction.

I am sad to say, I too have slipped on poo.

But, it was my own dog and it's my job to pick it up. :(
Darn it.

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.

I rent, but I do have renters insurance. Does this cover it as well? I am not even saying it is my dog, just being cautious.

I think it all comes down to the fact that she can't prove whose dog it was, no judge will allow a request by her lawyer (if she gets one) to take DNA samples from every dog on the street. So unless she is crazy enough to follow each dog and collect a sample and pay for DNA testing and THEN sue, don't worry too much.

As said above, she can't prove whose dog did it, but yes anyone can sue for any reason but without evidence it will be dismissed right away.

I think it depends on the extent of her injuries. But I disagree that a court would not order DNA testing for the dogs in the area. Stranger things have happened. If her insurance company is out a significant amount of money in paying for her care, then they might be behind her in this.

So if the law says to clean up after your dog and someone didn't, then they are liable. I don't think it anymore unreasonable to require a DNA test for each dog in the immediate area then it would be for each male at a party where someone is raped.

I don't think it anymore unreasonable to require a DNA test for each dog in the immediate area then it would be for each male at a party where someone is raped.

Are you serious?

Yes she can sue. If there are pooper scooper laws in your area, then she will win the suit. If not, then probably not, especially since it was in the grass not on a walkway.

Whether or not this is retaliation for other slights has absolutely no bearing. All that matters is whether the law in your area requires pet owners to clean up after their animals or whether there are leash laws. If it does then the dog owner was negligent and liable.

We do have a poop scoop and leash law. Poop scoop is $100 fine, and leash law is the same all for the first offense. Leash law however says that it is OK if you have voice control in a controlled environment. As far as I can tell we would be responsible for the fine, but she also failed to mention which I just found out that she was carrying 40 lbs of books!! And across her grass, after it rained!! She is wacked! And she is not getting a sample of my dogs poop until the court orders it! Thanks!

We do have a poop scoop and leash law.
As far as I can tell we would be responsible for the fine

Ok, that means whoever left the poop can be held liable for the accident.


but she also failed to mention which I just found out that she was carrying 40 lbs of books!!! And across her grass, after it rained!!!

All that means is that a jury could find her partially responsible.


And she is not getting a sample of my dogs poop until the court orders it! Thanks!

And that is your right.

Are you serious?

Yes I am serious. I'm not suggesting that a rape isn't a more serious crime or that more effort shouldn't be used in prosecuting a rapist. But, if a law was broken that resulted in an injury, the injured party has a right to redress under our judicial system. That is the same right that a rape victim has.

Before this gets to court - in a criminal case - wouldn't this fall under a police investigation? I mean, who would go to court? Everyone on the street?
There is no way of truly knowing who the offending party is. It could have been a stray dog that pooped in the yard.
And, if this is a civil case - wouldn't the cost of the investigation, initially, be for the lady? She would have to find out first who to sue?

I would hate to think my tax dollars would go to pay for doggie dna test.

No prosecutor would ever take this on as a criminal case. The only way it would go to court would be as a civil case. But my point is, if she wants to pay for tests, I believe a court would grant orders to obtain DNA from dogs residing in a limited area. I don't think that unreasonable to expect a court to do that.

As for your tax dollars, there's a lot worse poop they buy ;)

No prosecutor would ever take this on as a criminal case. The only way it would go to court would be as a civil case. But my point is, if she wants to pay for tests, I believe a court would grant orders to obtain DNA from dogs residing in a limited area. I don't think that unreasonable to expect a court to do that.

As for your tax dollars, there's a lot worse poop they buy ;)



Yes there was a case a year or two ago where a woman was granted a restraing order against David LettermColleen Nestler who claims that "the television host has been secretly communicating with her for 12 years via code words, gestures and eye expressions." The good folks over at the Smoking Gun (http://www.thesmokinggun.com/archive/1222051dave1.html?link=rssfeed) have a copy of her 7 page handwritten account, detailing how Letterman has secretly responded to her "thoughts of love," imploring her to move east. Apparently, he even offered a marriage proposal on his "Marry me Oprah" show. You guessed it, Oprah is one of Dave's many code nicknames for Colleen. Letterman Hit with Restraining Order - Cinematical (http://www.cinematical.com/2005/12/23/letterman-hit-with-restraining-order/)



If this is posible a order to get DNA from dogs is just as likely.

Matt, that is just scary and down right stupid. (of the woman - not you)
I guess, where my mind is getting stuck is - she goes to court and says "I want to sue somebody - I don't know who, but somebody owns a dog and let it poop in my yard..."
A court would order everyone on the street to submit samples of their dogs poop?
That just doesn't make sense to me. I mean if she says I am going to sue John Smith because of this... o.k. you have a case. But, if you don't even know who you want to sue.
If it's a civil case, isn't the burden of proof on the plaintiff? Why should the court get involved? If she wants to pay for the dna test - whatever, but wouldn't this be filed under a frivolous law suit?
And then, of course, if she were to take samples of poop with out a court order - could she be accused of theft? I mean an animal is considered personal property - I would imagine what comes out of it would be too?

Gosh, I really hope I don't read about this in the papers!

There is not a burden of proof in civil cases, but mealy a preponderance of the evidence. Yes it is silly, but judges don't usually say that if she has a lawyer and the right judge it is possible. Likely no. In the case with Letterman when the judge was asked why he issued the order he said "she filled out all the paperwork correctly." Allot can happen in civil court. But yes you are correct it is stupid and a waste of money, time and effort.
And most likely this would not be approved. And if anyone wants to steal any of the poop out of my back yard I promise not to prosecute.

Well, if anyone tries to take the poop from my yard - they better take it all
And then come back once a week

Wow! What a JOY this woman must be to live beside!

I would think, if anything, the only way she could get any kind of compensation for her "slip and fall" would be from her own homeowners insurance. First off, did anyone actually SEE her fall? Sounds to me like she may have been in a drunken stupor and tripped over her own two feet!

The burden of proof is on her. Let her knock herself out!

And by the way... I am not sure about the state you live in, but in the state of Maryland you actually get fined for spinning wheels! Perhaps the next time she spins wheels you can tell her you have contacted the police to MATCH tire prints! Hahahahaha! Unbelievable!

Good Luck with Psycho Daisy Duke!