My dog bit the neighbors dog

[teeglee]

My Kerry Blue Terrier (35lbs) was in our back yard while we were inside the house. I got a knock at the door with my neighbor yelling that our dog just attacked their mini pomerianian (5lbs) and that she had to break down our fence to pull our dog off of hers. Its a wooden planked fence so she kicked down 2 boards. She was headed to the vet and the hospital afterwards because she was bit while pulling my dog off of hers.
We heard nothing until the next day when the animal control officer came to take my dog for a 10 day querentine. The neighbor is now claiming that my dog stuck his head under one of the planks and drug her dog into our yard.
I have never witnessed my dog sticking his head under the fence (there is a small gap under one of the planks) but I have witnessed this dog in my yard several times before.
My question is, where does the liability lay if that dog was in my yard? I feel that my dog was just protecting his property. She plans on suing us for the emergency vet bills. How should I prepare for this?

 

[Michael Wechsler]

I guess the first questions is where was the neighbor when she claims she pulled her dog away from your dog? If the neighbor's dog is smaller and able to sneak under the planks and has been in your yard, then that is an issue your neighbor will need to overcome in proving her case.

You should probably take pictures of the planks and the hole if it seems highly unlikely that your dog could even do what she claims. When she claimed that she needed to "kick down" two planks, what does that mean? She had to break into your yard? It sounds like she may have, at the very least, contributed to the problem. This would be "contributory negligence." Why didn't she prevent her dog from sneaking through that hole or blocked it?

It would be up to her to prove that your dog did what she claims happened and, from what you tell me, seems unlikely. It seems more likely that her dog sneaked under the fence and was on your property when the attack occurred. You may want to get a statement from her clearly as to where she claims the attack occurred and how she knows that your dog somehow stuck his head under the fence and was able to drag her dog through the hole. You should probably also discuss the matter with the animal patrol as your dog shouldn't be taken to quarantine if her dog was on your property.