My neighbors two dogs broke their fence and brutally attacked my dog in my front yard. Can I sue my neighbor?

Question

my neighbors 2 german shepards broke through the neighbors fence and attacked my little dog in my own front yard. and attacked another pedestrian who tried to help my little

my dog suffered 17 stiches and it cost me $400 dollars and cost me a day of work ( about $240 dollars )

I dont feel safe with these 2 dogs living next door. they are big german shepards and this isnt the first time they got out and the neighbor doesnt care and acted like it was no big deal.

I called animal control and they told me they would be back monday to fill out a ( Dangerous Dog Form ) * I dont know what that is*

I personally would like to know what recourse i have. I would like to have both his dogs given to an animal shelter to find a more caring owner. It is how an owner raises a dog which makes the dogs as violent as they are.

What can i sue for? how much? ( I want to hurt his pocket so he can start to care about how dangerous his dogs are and how irresponsible he is.

Answer 1

You can sue in small claims court, but you will probably only be able to recover what the law calls real damages. That would include the vet bills and anything directly related to the attack. Make sure you have documentation of everything. You will not be able to force the owner to give up his dogs to a more caring owner. The only thing that can be done as a result of the Dangerous Dog Form is the dogs will have to be euthanized. You will not be able to punish the owner for being a jerk either, although some judges will award punitive damages as a form of punishment. And forget able pain and suffering. That is the most over-used term in court history. Everybody asks for it and almost nobody gets it. Good luck.

Someone should stuff some Milkbones in that guys pants and turn his dogs loose on him. Now that would be justice.

Answer 2

If your own bite was documented (you went to a doctor for treatment), tell your neighbor you can sue the wazoo off him because you can ask for $$$ for pain and suffering (dogs can't), so he should calm down and work with you to reach a solution you both can live with. He can't charge you with trespassing, and will be laughed out of court if he tries to. Get in touch with Animal Control again and discuss the matter with a senior officer. And I *strongly* urge you to contact a lawyer to find out exactly what the laws are in your area. Many lawyers offer a cheap or free initial consultation, and you NEED legal advice. We can only give opinions here on Y!A. IMO what the first officer said was correct. Since the neighbor's dogs have broken through "many times", you are well aware your dog might be able to escape when that happens, and should have done something to prevent it before now (including keeping the dogs in your yard and calling the Pound each and every time). Also, if your dog was not being aggressive, he would not have followed the other dogs back to their yard to continue the fight. So unless you have a witness that saw your dog dragged by the other 2 into their yard, you do have some liability here. Your dog went off your property to continue the fight. Understandable, but you are supposed to have your dog under control at all times. I suggest you put up a very solid fence on that side, one that can't be broken through, jumped over, climbed, or dug under. It would be nice if the neighbor would agree to pay half, but with his attitude I wouldn't hold my breath. It's only one side of the fence, so shouldn't cost too much unless you have huge yards. If he wants to sue you in Small Claims Court, there's nothing you can do to stop him. But if he does, counter-sue for everything you and your lawyer can think of, including pain and suffering for your bite plus any time you might lose off work if the bite resulted in your being unable to work for a few days (you would need documentation from your employer). I'm pretty sure you'll come out ahead in the lawsuit. BUT....avoid it if you can. You do have to live next door to this jerk, after all is said and done... Good luck.

Answer 3

First no shelter will take a dangerous dog for hard to place for adoption-the form is exacly what it says you'll give reason-attacking your dog why these 2 dangerous dogs. .From your form they'll talk with the neighbor and give him a citation perhaps even fine if there is a leash law in effect in your county. You can file suit against your neighbor in small claims court but you must have documentation the day you go to court -with you-vet's report/pictures of the dogs stitches(all the areas where stitched) picture of the neighbors fence esp where dogs broke through and of the 2 dogs in the yard. It would also be great to make your case air tight either have the pedestrian be with you as a wittnes the day of court or a written report of the incident and hopefully he'll identify your neighbors dogs as being the ones. If you can prove in court that your neighbor was negligent(not having his dogs secured enough) which caused them to break through and attack your dog. Was your dog in your yard the whole time or was he by the fence where the dogs could see him & why they broke through and of course if you decide to sue do not embellish anything but only the events as they happened.In small claims you have a limit 0f $5000.but you can only sue for expense of dog and loss of pay when you took dog to vet-you cannot sue or time lost going to file suit or being in court but ask to make sure. As far as the dogs-if the owner secures them and they never break out again then safe but if again and attack thn more than likely destroyed by animal control. Its a shame the animal always suffers the ignorance or irresponsibility of the owner. It would be in your favor if you made a copy of the bill-Vet and estimate of your work pay loss(2 separate papers) and 1--sent both with a requet for payment-make copies of all you sent and register-which means will only be deliered to neighbor and he is required to sign. Also call him on phone or approach in person-either one will do-and ask for payment then note day/time what you said and his response-this is all taken to court if he refuses to cooperate. Wish your little dog a speedy recovery.

Answer 4

Yes.
You can sue for the vet bill, pain and suffering of your dog, your time off from work, plus punitive damages. I am not sure where you are, but there are personal injury attorneys who specialize in dog bite law suits, and can get you the max.
And please fill out the Dangerous Dog Form. I am sure that Animal Control has them, and will help you fill them out. You will have a much stronger case if you show that you have reported these dogs to the authorities.

Answer 5

You can sue, but I don't think you'd be happy with the amount you get, it might not be worth the trouble. You'll probably get your actual expenses--trying to get more would have a high probablility of costing you money. You can follow up with animal control and they'll probably take his dogs, but it is doubtful they'll try to get them adopted if they've attacked a person and mauled a dog.

Send him a bill for your damages, and decide whether you want to follow through with animal control--I know that's a tough choice.

Answer 6

Yes you can..they should pay your vet bill..lost wages.. and the other person who tried to help can sue also.... i would seriously look into this..you may want to fill out a police report also..this is a very serious issue..what if they attack a child next time... i would take this as far as you can....this kind of stuff happens way too much and people need to have better control of their animals....

Answer 7

Uhh, YEA. If he caused damage/pain and suffering EVEN FOR YOUR DOG you can sue, just get your info ready and take him to small claims court.

plus if his dogs attacked another person, they escaped before, and hurt your dog you most definetally have a claim (you just caint sue for damages done to the person they have to sue for there damages) and if the dogs broke out more than once you cabn prove neglect on his part, and if he didnt do anything to secure his dogs inside his yard and there is a law in your city stating all dogs must be on a leash if not in there yard then most definetally YES sue

Answer 8

You can definetly sue for damage and suffering, especially in small claims court. If the fence was yours then you can also make him pay for the fence. Keep calling animal control to see what you can do with the dogs.

Answer 9

Yep, you can sue. Get with the clerk of the courts and begin the process. You may also want to contact the animal control office about the animals.

You are at least entitled to the money you spent on your dog.

Answer 10

ouch... poor little doggy... well if your calling a border collie a small dog.. then nothing is going to happen... but if you have a shih tzu or a dachshund then you probably can sue. There are two pitbulls in my neighborhood who use both their strengths to not only break down their own fence, but any fence in the neighborhood that they want. 17 stitches is ALOT for a dog.. remember that. try it and see what happens.