There is a story about a dog that escaped and attacked a child. The parents of the child are not only suing the owners of the dog but also the fence company who installed the fence to keep the dog in. Obviously the case is still pending, but it does raise some interesting questions.
Anybody can sue anyone for anything, so there really is no way to prevent a suit. Obviously, if the lawsuit is successful is the real story.
Without knowing any more about the case then what is in the story, I'm left to speculate as to what really happened. But for the sake of this discussion let's assume the fence was properly installed, the contractor was paid for a completed fence job and moved on.
Later on the dog dug under the fence, escaped and attacked a child. I would assume the case would have no merit since the homeowner was satisfied with the work. But is there anyway to guarantee the fence is going to do what the customer wants it to? Would anybody install a fence to keep a dog in if they're liable if the dog escapes? How about a swimming pool? prison?
Let me know what you think. Anything similiar happen to you or someone you know?
Let us know.
Gene
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2 comments:
I'm a consumer who recently put out a RFB for a residential job to fence in about 3/4 of an acre specifically to retain (very friendly) dogs of a breed that are notorious escape artists. I had numerous contractors who refused to bid the job claiming that the land was too uneven (so slight of a grade that it is barely noticeable to the naked eye) to become a "fortress" for dogs. And I clearly got the feeling that they didn't want to bid a job who's purpose was to secure dogs. IOW, they are/were fence builders, not fortress makers.
What I wound up doing was finding a fence contractor who had worked on commercial kennels before (thus had a clue that I wasn't putting in a fence just to put up a fence, but to RETAIN the dogs on my property.) For any struggling professional fencing professional out there looking for a nearly UNTAPPED niche in the market THIS IS IT: Dog fencing as fortresses! There are THOUSANDS of responsible dog owners in every metropolitan area who want to contain their dogs and are willing to pay for it. You just need to figure out what makes the difference between 'just a fence' and a true fortress. Here's what we did:
We contracted for a 6' vinyl coated chain link fence with 4-8" of chain link buried underneath it. Our fencing contractor sub-contracted a landscape guy who owned and was proficient with a ditch-witch to create the trench. The fence then was buried into the trench which assured that there was NO GAP between the fence and the lay of the land, and the vinyl coated fencing material should hold up for years, even though it is buried.
Now in addition to that, after the trench was made and the fence was up BEFORE the trench was backfilled with dirt, we installed an Invisible Fence (R) system with the line dropped into the trench. and that trench was woven on either side of each gate creating an additional barrier. I have had Invisible Fence (R) brand fencing before with good success, and excellent success when reinforced with physical fencing.
Finally, we put signs on the gates that read, "DOGS ESCAPE. PLEASE CLOSE GATE QUICKLY."
It has been an absolutely PERFECT fence. Zero escapes. Zero near escapes. I've sent 10 referrals to this contractor and all have booked the guy, because this fortress is the envy of every dog owner who sees the fence "in action."
Sure, this cost a lot more than an ordinary vinyl fence, but it is so much more than a fence, it is a multiple back-up dog fortress. It would/could/should last much longer and be infinitely more efficient than "just a fence."
My suggestion to you fencing professionals is: Bidding a fence like this, even as an alternative to the basic fence request, will demonstrate to the customer that you have a "better" idea that is more secure than the simple fence that they are requesting. Then if the customer opts to get the "cheaper" fence, (which may very well fail to contain the dog which could be dangerous to the dog him/herself or to people -- depending on the dog, of course) then you're "off the hook" because the customer refused the more secure option.
I installed a fence on a roof around sky lights to prevent someone from entering a leather store. However, someone cut the fence and entered the store. The thief upon entering was bitten by a guard dog. I was sued. The thief was convicted,but the store owners and my insurance company had to pay the thief's doctor bills.
Dave Bernosky
Oneida Fence
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