Failure to Contain a Dog – Inadequate Fence
With springtime coming and home improvement projects in planning, many dog owners are shopping for a new fence. Ideally, they want a physical barrier that will contain their dog so it can run freely in the yard.
Just as dogs vary in size and shape, the same applies to a fence — and its ability to contain a dog. Our Pittsburgh lawyers handle dog bite cases every day, throughout Western Pennsylvania. Many of our clients were attacked by dogs that escaped fenced property. Liability exists for the failure to reasonably control a dog. Pennsylvania’s crimes code creates penalties and strict liability for allowing a dog to run “at large.”
What, then, is a suitable fence?
Common Misconception: Jumping is Key
Let’s clear up one major misconception. Many think that a fence is safe so long as a dog cannot “jump” over it. Not true. The simple fact is, dogs can climb. Here is a video of a mid-sized dog climbing a 6.5 foot tall fence:
(Look at his little tail, he’s so happy he made it over!)
Fence Height
Putting the lawyer cap back on…
The only time fence height matters, is when the fence is clearly too short. For example, a four-foot high fence will provide little challenge for a Husky, Golden Retriever, or Labrador. For such dogs, the owner should look for a fence having a height of five or six feet, minimum.
With that, let’s look beyond fence height.
The two other most important criteria are (1) whether the dog can climb the fence and (2) whether the dog can see through the fence to be stimulated by things on the other side of the fence (to make the dog want to clear the barrier).
Fence Climbing (and Preventing It!)
Dogs are exceptional climbers, but to do so, their little toes need something to grip. A chain link fence provides many surfaces on which a dog can secure a toe hold, and therefore it can be a poor choice to contain the canine, per the above video.
A wooden fence may be a great alternative, but the design is key. That is to say, vertical boards provide very little surface for the dog’s toes to grab hold. Thus, the boards facing the dog should be vertical. The side of the fence having the horizontal supports should be on the side opposite the dog.
The problem is, esthetics. For appearances, many prefer that the public see the nicer vertical side minus the “ugly” horizontal supports. Only, this makes the horizontal supports face toward the dog inside the yard — giving the pooch something to climb! Whoops!!
Best Material To Prevent Climbing
The best material to prevent climbing is vinyl. The flat, slippery surface prevents a toe-hold. It also has the identical (and nice) aesthetic look on both sides. Plus, a vinyl fence can also help prevent the dog from even wanting to jump the fence, described below. This has come in court for our litigators.
Preventing a Dog From Wanting to Clear a Fence
“Squirrel!” – Example
The scene in the movie UP is funny, because it’s true. Nothing capture’s a dog’s attention and desire to chase quite like seeing a squirrel.
When a canine can see through a fence, it can be stimulated by what’s on the other side. For this reason, chain link fences or wooden fences with spaces between the boards can do more harm than good. A dog looking through the fence, with enough time, will find a way to get over or around the fence.
For the above reasons, the vinyl fence — having no spaces between the slabs — is the best choice to prevent a dog from wanting to climb to chase, or go after things, like a… SQUIRREL!
Thanks for Reading!
Our Pittsburgh dog bite attorneys hope you found this article informative. Should you have any question about a dog bite related claim or defense in Pennsylvania, feel free to call or email our Pittsburgh attorneys any time.
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