about three weeks ago my so called friend and neighbor ran over and killedmy beloved dog of 13 years. he says it was an accident, but hasnt offered anything to help with the vet bills or burial costs. needless to say i want to rip the jerks throat out, but he isnt worth going to prison over. my question is do i have any legal recourse to take him to court to sue for damages or do i have to get even the old fashioned way? i hope karma deals with him in a most despicable way!!!!!!!!!!!!!!!!!!!!
2006-09-30 20:23:33 · 14 answers · asked by Anonymous in Pets ➔ Dogs
your dog is considered your property... its a rather cold way of constituting what your pet is to you, but that is the law. So, if someone destroyed your property, you have a right for your propery to either be returned to you (in this case impossible for your beloved pet is dead) or be given restitution for its loss. I know that much. So, yes... I do beleive you may take legal action against that heartless b-stard who is your neighbor - but first, you have to be able to prove that it was his fault (reckless driving, drunken driving, etc.) then I beleive you may sue him for
(1) the actual cost of the dog
(2) the veterenary bills
(3) the funeral
(4) your immeasurable pain and anguish
Never had to do this myself but I did hear on the news just the other day that this criminal who shot and killed a cop and the cop's canine partner was going to be booked for murder (of the police man) and damage to government property (for the killed police dog). So... why not call a lawyer? I certainly would! Its bad enough to have lost your dog - but to be saddled with all the bills too? That's just too much.
2006-09-30 22:17:00 · answer #1 · answered by Phoebhart 6 · 0⤊ 0⤋
UNFORTUNATELY:no you have no recourse if they ran over you dog it was because it was loose. Pets are concerned property. Morally they should pay but not legally. There is a leash law in every state. You can however go to a auto supply and get a valve stem remover and take out all there valve stems on the car. Late at night of course
2006-09-30 21:17:02 · answer #2 · answered by Dann R 2 · 0⤊ 0⤋
Hey Teejay,
First let me offer my condolences on the loss of your dog, my husband and I have 3 dogs that are part of our family.
On the flip side of the situation, two years ago, while I was driving home with a friend in the car down a back country road; I had 3 large dogs run out into the road in front of me.
I braked hard to avoid hitting any of the dogs, but to my dismay I hit the 3rd one. I stopped immediately and ran to where the dog lay in the ditch. The owner of the 3 dogs was there and witnessed the whole scene. He had been chasing them down the driveway when they ran into the road in front of me.
I cried openly and apologized profusely for what happened. He and I sat there and cried together while Abby died. I asked him if there was anything that I could do for him, anything I could do to be of help and he refused. He was grateful that I had stopped, most people would have kept going.
He didn't blame me for what had happened, it was just what it was, a terribly sad accident. There was truly no absolute blame to be placed on one person alone.
Maybe she shouldn't have been running across the road with her two other companions, maybe I could have been driving slower, but maybe's don't return your beloved pet to you.
I'm sure that you could take the neighbor to court, as Abby's owner could have done to me for what happened that day. But in turn, I could have taken him to court for the $1300 damage to the front of my car. In the end, we paid our own expenses and went on with our lives (a little sadder for the experience).
That's my advice to you, you each pay your own expenses and learn what NOT to do the next time.
Tonya O
2006-09-30 21:58:57 · answer #3 · answered by tigsgal1 3 · 0⤊ 0⤋
I am so sorry about your pet it breaks my heart to read this story, and I hope carma gets him too, and really wouldnt care if died not saying that as a threat or for you to do that, I would suggest getting my bills together on whatever you had to spend on your beloved pet, and going down to small claims court and filing a suit against the jerk.you can do this, it is not that expensive it will cost some money to file that day but you can ask for that in court back, depending on where you live is what it will cost you and I hope you win. peace be with you I know you miss your beloved pet and I am sorry good luck to you
2006-09-30 20:58:34 · answer #4 · answered by mystical s 3 · 0⤊ 0⤋
Too many things to consider and questions to ask before answering your question.
Was the dog in your yard and under your control?
What are the laws in the city or neighborhood?
How good of a friend or neighbor is this person?
Are there any witnesses?
Was the neighbor acting irrational or illegally when the act occurred?
2006-09-30 20:43:46 · answer #5 · answered by kriend 7 · 0⤊ 0⤋
i understand you feel hurt about what happened but if the dog was in the street then its pointless for you to sue him the court will just find in his favor plus you open up yourself to a lawsuit for the dog being in the street and being run over by your freinds car. in ohio if you dont have a dog on a leash you can be sued in court if there was any damage done to the vehicle. leash laws are there to protect your self and other people.
one more thing if you dog was on a leash or chain it is also the home owners responsibility to make sure the leash or chain is strong enough to restrain the animal so if it broke its chain then you are prolly gonna be liable for any damages done to your neighbors car
2006-09-30 20:27:12 · answer #6 · answered by aka_guardian 3 · 0⤊ 0⤋
I'm sorry for the loss of your dog but why was it loose to be run over? I would hate to kill a neighbor's dog and it probably was an accident but you need to ask yourself who put that dog in harm's way?
I hate to say it but unless there is some weird circumstance where your dog was loose, why are you blaming him/her? Your dog should have been on a leash. You can't blame someone else for you not protecting your dog.
Again sorry for your loss, but don't blame them.
2006-09-30 20:31:26 · answer #7 · answered by youngliver2000 3 · 0⤊ 0⤋
Sorry about Loosing your Dog!!
If the Dog was NOT on a leash-Then there is Nothing Legally He is required to Do!
A neighborly gesture would have been the better course for him to take!
Have you Tried talking to this Guy about the incident(In a calm Way)?
However,we live a messed up society!
2006-09-30 20:26:39 · answer #8 · answered by J. Charles 6 · 1⤊ 1⤋
yes u might but 1 ask ur self is it his fault r urs. did u have ur dog on a collar where were u. was he drunk could he have avoided hitting. if u take him 2 court they will be asking question like that and more. Plus if u do win u might not get a dime for a while if any if u do win.
2006-09-30 20:30:21 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I'm sorry for your loss But I am sure there are leash laws in your area if your dog was out of the yard, it may not have been able too be avoided
2006-09-30 20:27:17 · answer #10 · answered by doggroomer67 1 · 1⤊ 0⤋