QUESTION
Can I sue my neighbor for letting rat poison in my yard and killing my dog?
Asked on Jan 08th, 2016 on Personal Injury - Kentucky
More details to this question:
My neighbor is aware I had a small dog. She owns the home but does not reside there. Can I sue her for letting rat poison fall into my yard after my dog ate it and died?
9 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You might have a cause of action, but causation will be difficult to prove. Also can you collect a judgment from this person even if you could prevail? You might want to consult a personal injury lawyer. Good Luck.
Answered on Jan 12th, 2016 at 3:22 AM
Edwin K. Niles
Yes.
Answered on Jan 11th, 2016 at 5:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Maybe, I need more facts. There question is the proof of the amount of the loss, which, in the case of animals and livestock, is the cost of their replacement.
Answered on Jan 11th, 2016 at 5:05 PM
Ronald A. Steinberg
Not if she did not have control over the house. In other words, if there was a tenant, then the tenant would be responsible. If the home was not occupied, you would have to prove that she knew (or reasonably should have known) that the rat poison was in a place that would allow it to fall into your yard.
Answered on Jan 11th, 2016 at 5:05 PM
Yes, if you can show she was negligent in allowing the poison to get onto your property. But since dog, unfortunately, are considered to be personal property like furniture, you can only collect for the cost of getting a replacement dog and any vet bills incurred. You can not sue for emotional distress. Her home owner's insurance should cover the damage claim. Sorry about the loss of your dog.
Answered on Jan 11th, 2016 at 5:04 PM
Thomas Edward Gates
Yes, if she was the party who placed the poison there. You should also bring this matter to the human society/police, possible criminal action.
Answered on Jan 11th, 2016 at 5:04 PM
James Eugene Hasser
Yes, if you can show your neighbor knew or should have known it would get in your yard, and you can show your dog didn't get it in their yard. Good luck.
Answered on Jan 11th, 2016 at 5:03 PM
Amusement Park Liability Attorney serving Richmond, KY
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Morrin Law Office
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Yes, you can sue your neighbor for the death of your dog if you can prove she negligently allowed rat poison onto your property. Your recovery would likely be overshadowed by your attorney's fee though.
Answered on Jan 11th, 2016 at 5:03 PM
Automobile Accidents Attorney serving Winchester, VA
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Correll Law Firm, PLC
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It depends. If the neighbor was negligent and your dog ate rat poison in your yard. But I am not certain they were if they mainly just owned the home.
Answered on Jan 11th, 2016 at 5:03 PM