If you live in the US, you can sue anyone for anything at all as long as you are willing to pay an attorney to file the suit.
You can sue me for using up your internet time right now. (Not that it would do you any good... I'm broke.) I can sue you for the mental anguish that your question has brought into my life. It's silly, but that's the way the system is set up.
First, however, I would call the cops to file a complaint against whoever it was that killed the dog. Cruelty to animals is pretty serious in most states and a felony in many. That would also get your statement in legally documented form for any future litigation.
If your kid starts having nightmares and freaking out about the guy trying to kill him in his sleep, then that would bolster a mental anguish suit.
Talk to a lawyer.
2006-11-06 15:15:08
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answer #1
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answered by MegaNerd 3
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Call the police for this individual can be prosecuted for animal cruelty for animal abuse laws are tougher and not misdemeanors anymore esp if it results in the death of the animal-to beat a puppy to death is inhumane. You can also sue for the price of the puppy and for emotional hardship to you and the 3yr old child in Small Claims Court--the maximum is $5000.00 and no attorney needed you can file for approx $65.00 but you have to be able to prove the person did it if he denies-like wittness/pictures /Vet Report and so on. You can call a attorney to see if small claims court the only court you can sue in. It will greatly help your case though to get this person arrested-you file the charges and also carry it through by testifying in court. If the Civil trial/hearing is before the criminal case is completed-get a copy of the Police Report and it shouldn't cost all that much differs from state to state and gotten from the Clerk of Court available day following the arrest. Is the 3 year old visibly upset,having nightmares, showing signs of being traumatized for if so you may need to talk with a professional for it concerns me that such a thing was done in front of a very young impressionable child that can affect later in life(sincerely hope it will not) Best of luck but the person who did this should be held responsible under the law
2006-11-06 21:18:07
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answer #2
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answered by Anonymous
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Why do people keep asking this same question over and over?
The answer is NO......
The owner of the animal is LEGALLY RESPONSIBLE for keeping it OUT of the road, where it cannot get hit. The driver can actually sue the owner of the animal for vehicular damages....and will win every time. In fact, if an animal is in the road and causes an accident in which someone dies, that animal's owner can end up serving a prison sentence for involuntary manslaughter....as well as face a civil lawsuit for wrongful death. (I've always wondered what 'rightful' death would be.....)
The only way the driver can be held accountable for hitting an animal would be if he/she swerved out of the normal lane of traffic in order to intentionally hit an animal over to the side of the road.
I feel incredibly sorry for children whose parents subject them to such a tragic sight by not obeying the law and keeping their animals under their control with a leash when off of their own property. :-(
ETA: I'm TELLING you people....it is NOT considered 'animal abuse' if you accidentally hit an animal that is IN THE ROAD....nor should it be. The fault lies squarely on the shoulders of the animal's owner....no where else.
2006-11-06 21:18:38
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answer #3
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answered by A Veterinarian 4
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If you have evidence then call the police or contact your local animal shelter. NOW!!!! You can't sue them directly but he can be taken to court pending the animal shelters findings. If you see someone hitting any animal speak up, for God's sake and the sake of the animal. Let the person know you have seen what has happened and tell them it is simply not right, if they argue tell them you will tell the authorities. I have done this numerous times throughout my life and have never had anyone raise a hand to me, you need to know how to speak clearly and softly to keep there agression down. Good luck.
2006-11-06 21:10:45
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answer #4
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answered by Anonymous
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You most definitly can report them to the authorities for animal cruelty. Although if you were the only one that witnessed it and didn't document it somehow it would be hard to prove. You may be able to sue for emotional distress to the child. I have a problem with someone doing that kind of thing to an animal. I'd be the one in jail personally if I saw it or my child was witness to it.
2006-11-06 21:09:00
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answer #5
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answered by Jennifer R 3
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if it was a mistake no but there is no possibility so i would say YES!!!!!
no one should hit a 6 year old puppy and everybody knows that.
and if i were u i would, n if u sued already
U GO GIRL!!!
but u know that u always need some prove
SO good luck *******
2006-11-06 21:22:50
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answer #6
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answered by rae 1
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If it was not your puppy, no you can't sue. BUT you can turn them in to animal control or SPCA for abuse. That is a horrible thing for a 3 yr old to witness.
2006-11-06 21:15:44
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answer #7
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answered by MANDYLBH 4
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nope srry you cant sue in fact you can be sued... as a dog owne it is your job to keep that dog safe and out of harms way at all times i had a collie tied to my tree outside to potty (he wouldnt potty if you watched) anyway i guess my son didnt get him hooked rite and he decided to run across the street and never even made it off the burm of the road and was hit and killed.. i was very upset of course but so was the driver he dented her car so she called the cops and i was going to have to pay to fix her car.... she dropped it but if she wanted to she could have made me pay and i could have gotten a ticket for it....also my son seen this happen as well so that doesnt matter either as far as you suing them
2006-11-06 22:41:47
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answer #8
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answered by momoftwobestkids 3
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You can sue for just about anything, but the hard part is proving what the damages are. You need to consult with an attorney. That is the "civil" side of the law.
As for the "criminal" side of the law, it should have been reported to police and charges of animal cruelty should have been issued.
2006-11-06 21:09:09
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answer #9
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answered by deerslyr_71 3
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This falls under cruelty to companion animals. Each state provides their laws in regards to situations like this. Call your humane society and give them a detailed report of what you witnessed if you would like to see justice served on this awful person. I'm assuming you know who it is, or how to find them again. Good luck, I hope you catch and prosecute the asshole.
2006-11-06 21:11:25
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answer #10
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answered by ryleigh4265 2
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