Fist, I hope she's making a good recovery! Poor thing!

Is it a true city dog park, or does it belong to the apt. complex? Is it a park specifically for dogs?

There are a lot of factors involved in proving negligence, if indeed there is any.

For example, how did she get injured? Was the fence rotting or in disrepair when she was injured? If so, her injury may have been prevented with proper maintenance.

Was she climbing the fence? Technically, not negligence, just a plain accident and the responsibilty lies with you, as her owner.

It is probably worth looking into if you feel that it was true negligence on the part of whomever built/runs the park.

Keep in mind that unless you file all the paperwork yourself, you might be out more than the vet fees if you have a case that goes in front of a judge and is lost.

Good luck....hope this helps a bit!

Jack answered on 2/11/08. Helpful? / 0

I checked out the forum thread that provides more information and pictures of the fencing, which was quite helpful.

I am wondering if the dog area you use has any rules - either posted on the area itself or written down in the lease or a separate agreement? If so, those should give you an idea of where you stand.

I don't think have any recourse to recover your veterinary bills. In most dog areas, public or on private property, use is granted under "at your own risk" provisions. Meaning, if your dog gets hurt while using it, you are responsible for the bills. (Regardless of whether your dog gets hurt by another dog or a feature of the park.)

The fence that is up now certainly isn't a smart way of fencing a dog area, but I doubt anyone ever thought a dog would try to leap over it. You can certainly encourage the landlord to put a different fence - maybe have a petition.

But I don't think you can get your vet bills paid by the landlord.

Abby answered on 2/12/08. Helpful? / 0