QUESTION
Can I sue my neighbor after my dog was attacked by our neighbors? How?
Asked on Aug 11th, 2015 on Personal Injury - California
More details to this question:
My wife had our 3 month old puppy in our front yard on a leash. Our neighbors 2 Pit Bulls had gotten out and in a second they attacked and killed our dog. The owner said that he was willing to pay for all expenses including replacing the cost of the puppy. If now he decides not to pay and I have to go to court, what can I sue him for? Just the expenses for the Vet. Bills due to the attack? (about 750.00) Can I sue for the cost of the dog and all the Vet. bills that we have encountered in the past 2 months? (about 350.00) And what about mental anguish? This has been very traumatic on the whole family! If he wants to play hard ball, what all can I go for? We hope to be able to settle this between neighbors. But I need to know what my options are. Thanks for all your help and advise, dog less.
8 ANSWERS
James Eugene Hasser
To have a case, you have to prove that the owner knew or should have known in advance that the dogs have vicious propensities. If you can't prove that, you don't have a case. Good luck.
Answered on Sep 03rd, 2015 at 3:20 PM
Ronald A. Steinberg
Yes. Absolutely.
Answered on Sep 03rd, 2015 at 3:20 PM
Unfortunately, dogs are considered property, so all you can collect is the Vet. bills due to the attack and the cost of replacing the dog. You can not collect for pain and suffering.
Answered on Sep 03rd, 2015 at 3:20 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Settle it for the replacement cost of the dog and move. Asking for 'anguish damages' will start a feud. A bad neighbor is bad. A mad neighbor is worse. Since your city apparently doesn't ban pit bulls, moving as soon as you can would be a good decision.
Answered on Sep 03rd, 2015 at 3:20 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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As a doglover, I am truly sorry for your loss. You might wan to consult a personal injury lawyer (sometimes called a 'plaintiff's lawyer') for his or her analysis. This is a case of negligence in controlling an animal. The victims (you and your family) would have claims for all the expenses you mention, including the cost of the puppy. The loss of the animal's companionship, your emotional suffering, may or may not be an element of your damages, depending on the statutes and published appeals court decisions in your state.
Answered on Sep 03rd, 2015 at 3:20 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Make your neighbor give you his homeowners' insurance information, and his insurance company will pay you for the vet bills and the replacement cost of another puppy. If you still have the vet bills which predated the attack, give those to the adjuster and tell the adjuster that you will have to incur those expenses again with a new puppy. Your neighbor is strictly liable for any injuries/damages that their dog causes you. There is a Florida statute right on point.
Answered on Sep 03rd, 2015 at 3:20 PM
Edwin K. Niles
You can sue for your actual out-of-pocket expenses, including the cost of the dog.
Answered on Sep 03rd, 2015 at 3:20 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Small claims, vet bills, cost of replacement, that's it. No mental anguish. His homeowners insurance should cover this. if he has it.
Answered on Sep 03rd, 2015 at 3:20 PM