Location: California
My husband and I rent a home in California, and our neighbors who moved in this past May rent the house directly next to us. Our backyards are separated by privacy fences. Their dogs frequently bark at mine when they’re both outside, even though they can’t see each other through the fence.
One day after returning from the gym, I let my two dogs outside. As usual, the neighbor’s dogs began barking, which triggered mine to bark as well. As I walked toward the fence to bring my dogs back inside, one of their dogs suddenly pushed its head under the fence and into our yard, snapping at my husky’s legs. In the process of pulling my husky away, my German shepherd reacted and bit the neighbor’s dog on the top of the head.
I immediately brought both of my dogs inside and checked them over and neither appeared to be injured. However, the neighbor’s dog required a vet visit for the bite. The neighbors later came over to ask for our renters insurance, which we provided. They said, “Hopefully your insurance will pay out so you don’t have to.”
My husband and I are now unsure of the legal implications under California law. Since their dog entered our property and initiated the altercation, we’re unclear on liability. If our renters insurance denies their claim, are we legally responsible for the vet bill? Or, given that their dog entered our yard and caused the incident, are they responsible for the resulting damages, even to their own dog?
Comments
Why would your insurance deny your claim? You pay insurance to handle claims for you. Unless this falls under some exclusion, which I highly doubt it does, you should be fine. Only thing I can think of is if you were required to disclose what dog breed you have to your insurance company and you failed to do so or you have a restricted breed they will not cover.
It sounds like your insurance is likely to deny this claim as you aren’t liable. But it is reasonable to let them come to that conclusion.
If neighbor sues, you’ll need to give that to insurance to defend.
Trespass is a defense to liability everywhere. Your renter’s insurance will likely deny the claim, and you should not pay voluntarily. If they sue, your renter’s insurance will likely pay for your defense.