| Re: Who is at fault here? Just keep in mind too, if you've got the dog out front off leash and the feet hit the sidewalk (if you have one out in the rural area) then that becomes public property. If no sidewalk - than the street is public property.
At least this is the law in my area. The dog can be off leash on private property.
My law also stipulates that the dog must be under reasonable control by the owner while on the property. So if you don't have the dog leashed, you better have some verbal control over the dog to keep it from greeting people and/or leaving the property.
Personally, if your dog did something to their dog I think you still could be liable. You did not point out to these people that they were tresspassing and did not ask them to leave your property - quite the opposite. You stopped and greeted them. So this may open you up legal liability. You'd have to ask and attorney to be sure.
I don't think property laws are as cut and dry as people might believe. Why else do we have homeowners insurance? Why can someone sue you if they slip and fall on the sidewalk you didn't shovel (which is public property too!)? If a child drowns in your pool, trespassing or not, you can get sued.
So if you are really interested in knowing the answer to your question, I would call an attorney to find out.
__________________ Sue
Hercules, CGC
Rescued 1/29/04 - now age 6! Well behaved women never make history. |