My dog was injured on my neighbor’s fence

Question

Our backyard is fully fenced, but one side was put up by the neighbor instead of us. That side is falling apart with several broken boards. My dog was playing in the backyard, jumped up at a bird, and landed on a broken part of fence with an exposed metal bracket. The bracket ripped through skin and muscle, and left a large laceration on my dog’s chest, which required an emergency vet visit and stitches. Do we have any legal standing for recovering vet costs from the neighbor? Or for having them replace/repair the fence?

Maryland, USA

Answer

I hope your dog makes a full and speedy recovery.
If you sue to try to get compensated for veterinary expenses, the court might decide your neighbor was responsible for your dog’s injuries because your neighbor failed to repair a visibly hazardous condition and that such failure resulted in the injuries that your dog sustained. Alternatively, the court might find that if your neighbor’s fence which adjoins your property was falling apart with several broken boards, you should not have left your dog in your yard without first fixing or replacing the fence or waiting until your neighbor did so. The court might also consider that your dog’s injuries happened because your dog was chasing the bird and that your neighbor should not be held responsible for that. Also worth noting is that if the court finds that you were even partly responsible for your dog’s injuries, the court may find that your contributory negligence bars you from recovering for the veterinary bills.
Your locality may require people to remove a hazardous condition on their premises. If there is no legal requirement for a fence, your neighbor may simply choose to remove the fence and not replace it with anything. You may want to consider replacing the fence since you have a dog who should be safely secured. Ideally, you and your neighbor would speak and agree on resolving the fence issue. Again, I hope your dog is feeling better.