Need Help/Advice from Police or Lawyer

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Buzz70

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My next door neighbor's dog (little dog) was killed tonight by their neighbor's (big) dog. The big dog dug a hole under the fence between the two homes. The hole was big enough for the little dog to go through. The little dog "did" go into the big dog's yard; however if the big dog didn't dig the hole it never would have happend. The big dog mauled it to death. The neighbors of the big dog simply took it inside and wouldn't answer their door. I keep telling my neighbors to call the police; however I think they are in a little shock right now. My concern is that my neighbor and I have adjoining yards and my dogs have free access to the same fence. If my neighbors don't call the police do I have the right too? I'm not sure what can be or should be done so I'm hoping a local officer or lawyer can give some free advice. Thanks in advance.
 

nemesis

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I doubt it could be proven one way or the other which dog (the big one or little one) dug the hole. The owners of the big dog might contend the other dog dug the hole.

At any rate, the little dog made his way into the other dog's territory. The big dog was defending his territory. I don't think they have a case.

As far as your dogs are concerned, just make sure they're secured.
 
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Anyone can call the police to report an incident. The reporting party does not have to be directly involved in the incident. Now, what the police do about it other than investigating or making a report is another thing. They must first investigate and see if a crime has been comitted and go from there. I am not current on animal control laws, so I can't tell you what is going to happen.
 

Buzz70

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I doubt it could be proven one way or the other which dog (the big one or little one) dug the hole. The owners of the big dog might contend the other dog dug the hole.

At any rate, the little dog made his way into the other dog's territory. The big dog was defending his territory. I don't think they have a case.

As far as your dogs are concerned, just make sure they're secured.

All the loose dirt is on the big dog's side of the fence. That's how I concluded the big dog dug the hole. It's not the first hole he's dug. My neighbor's have simply filled them in. This time they didn't see it in time. I'm no expert; however with all the loose dirt on the big dog's side I think it dug the hole.

The way I interpert the laws I looked up it seems to me the big dog would now be catagorized as a dangerous dog. I was hoping the police or a lawyer could advise if I'm correct or not.
 

Buzz70

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UPDATE*

Neighbors are now talking. I don't know why they initially wouldn't answer their door. Waiting to hear from my neighbor as to whats going on.
 

inactive

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I am an insurance adjuster, and these types of issues are under the scope of the homeowner's policy. So I will offer my take:

One could make a case that the owner of the large dog was somewhat responsible due to the digging and not correcting that, but the owner of the small dog was responsible for allowing it entering the property. Some ratio of comparative negligence would likely be applied. But all that would be owed is the cost of the dog.

I am not sure there was criminal action, as it was property being lost here, not a dog bite on a person or a person harming a dog. Calling the cops is probably unnecessary. Animal control may need to show up to a fractious call, or maybe not - not sure on Owasso's stance on that.


All of that said, no offense, but if this was between two of my neighbors, I wouldn't be in the middle of it. Stick a brick or log of firewood in the hole so a dog cannot get through, then fill it up with dirt more permanently when there's some daylight.
 

Buzz70

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I am an insurance adjuster, and these types of issues are under the scope of the homeowner's policy. So I will offer my take:

One could make a case that the owner of the large dog was somewhat responsible due to the digging and not correcting that, but the owner of the small dog was responsible for allowing it entering the property. Some ratio of comparative negligence would likely be applied. But all that would be owed is the cost of the dog.

I am not sure there was criminal action, as it was property being lost here, not a dog bite on a person or a person harming a dog. Calling the cops is probably unnecessary.


All of that said, no offense, but if this was between two of my neighbors, I wouldn't be in the middle of it. Stick a brick or log of firewood in the hole so a dog cannot get through, then fill it up with dirt more permanently when there's some daylight.

No offense taken at all. Thanks for you input. Reason I'm an interested party is that my dogs have access to the same fence line and they could be next. As long as the big dog is alive I will now have to go outside evertime I let my dogs out.
 

elwoodtrix

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my neighbors behind me used to have mini pins... they'd get in my back yard all the time.. problem was, my Great Danes didn't know what to do with em... it was such an oddity to them... lucky me I guess..
 

CODE_3

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My next door neighbor's dog (little dog) was killed tonight by their neighbor's (big) dog. The big dog dug a hole under the fence between the two homes. The hole was big enough for the little dog to go through. The little dog "did" go into the big dog's yard; however if the big dog didn't dig the hole it never would have happend. The big dog mauled it to death. The neighbors of the big dog simply took it inside and wouldn't answer their door. I keep telling my neighbors to call the police; however I think they are in a little shock right now. My concern is that my neighbor and I have adjoining yards and my dogs have free access to the same fence. If my neighbors don't call the police do I have the right too? I'm not sure what can be or should be done so I'm hoping a local officer or lawyer can give some free advice. Thanks in advance.


Not much you can do about your neighbor being killed. Your neighbor needs to call Animal control and report the incident. Since your neighbors dog went into someones property there is really nothing they can do about.
 

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