I was bitten by a dog which ran through "invisible fence" type of system that goes around the perimeter of my neighbor's yard. The dogwould usually run up to the edge of the lawn and stop because of an electric shock that the dog would get with the invisible fence. Myneighbor tells me that the fence was "on" and he cannot understand how or why the dog got passed it. Is there anything I can do even though the neighbor says that his fence was on?

A: The use of any type of restraint or control system, whether a leash, a fence or an electronic dog control system, is not an absolute defense if a dog bites an individual without provocation. It is the dog owner's responsibility to control the dog.  The installation of an "invisible fence' system and placing the collar on a dog is not the end of the story as far as responsibility and properly controlling the dog. These systems require upkeep, battery replacement, etc. Certain dogs are so aggressive that these types of systems are not effective. Therefore, the mere fact that the electric system was set up and apparently activated at the time of the attack does not provide an of absolute defense for the dog owner. 

Also, there is a possibility that the electronic control system was either installed improperly or malfunctioned in some fashion. All of this will have to be investigated and the only effective way of doing that is to have subpoena power which can only be obtained by filing a lawsuit.