This guy killed mine and my brothers dogs for being on his property. Is there anything we can legally do?

Question

They guy didn't have to shoot them. What ever happened to a warning shot?

Yes this was the first time our dogs were on his property. It wasn't however the first time dogs have been on his property. He said he's had problems with animals. This was the only time I believe our dogs went over there. Its like 2 miles away..

I live in Michigan. Saint Johns to be exact. This happened about a mile or two outside of town. I guess you'd say it was in the country..
What happened was the dogs got loose, Friday night, and got on his property Saturday morning. Apprently they were messing with his rabbit's. -Thats where I believe we would lose the case. Right there. Our dogs messing with his rabbit's. What do you guys think? By the way, the Sheriff and Animal Control responded to the call there. They then came to our house.

Answer 1

Only if you live in a town that does not allow guns to be shot inside the city limits AND someone is willing to enforce that law.
Then you also face the problem your dog was loose and they probably have an ordinance on that one too.
I would also assume there is such a thing as "reasonable" in case dogs get out as they sometimes will.
Are you sure your dogs had not become a problem to this person.

Answer 2

Okay folks, let's not lose sight of some important portions of the question. The first point is that this occurred outside a city. I am assuming this was also outside of urban growth boundaries, and therefore it's legal to discharge a firearm.

The other part is the dogs were on the neighbors property, harassing rabbits. These rabbits were either a food source or a pet of the neighbor. If you are a rancher, and the neighbors dogs are chasing the cattle which are your livelihood, of course you can shoot the dogs.

I've never known a group of dogs to chase a furry little bunny just to play with it. They were most likely going to kill it. Even if it was just a pet rabbit and not his income source, your dogs were still chasing it on his property.

For everybody who is encouraging the dog owner to sue, think about your neighbors dogs coming into your yard and killing your baby kitten. Of course it's reasonable to shoot the dogs.

The law in my state specifically addresses this issue, and here, he is completely justified in shooting the dogs. Here, it doesn't have to be the landowner either. If I'm driving down a rural road and see dogs attacking somebody else's sheep, I can stop my car and shoot them. I just have to attempt to notify the dog owner or the sheriff after I've shot them.

I expect a lot of people answering these questions to not understand this point because they are not familiar with life in a rural area.

It's unfortunate, and I am truly sorry about your dogs, but you should have kept them on your property.

Answer 3

This happens every once in awhile. Actually a war between the U.S. and Canada almost broke out in a similar situation involving a wandering pig on one of the islands in the Straight of Juan de Fuca (ie. Washington State / British Columbia) before the border in that area was officially settled.

Your neighbour obviously has mental problems. Sorry to hear about that.

Of course he didn't have to shoot them.

I agree with what some other guy said. Publicize it. Might as well go straight to the top - CNN, and everything down to your local paper. Actually, your local paper would probably be great so that all the neighbours know what happened. He thinks your dogs were a nuisance, well, maybe he's a nuisance to your whole community.

Answer 4

Yes, there absolutely is. You may sue him for conversion of your personal property. If the dogs belong to you they are considered your chattels. Conversion is a civil tort in which another person intentionally interferes with your legal interest or ownership of personal property to the point that you cannot get it back. You may sue for money damages, but you will get no where with a pain and suffering claim.

The person who shot your dogs may have a suit for trespass to land, but damages will probably be nominal and the victory will be a technical one for him. The law will not allow disproportionate actions to protect personal property. Even though the dogs intruded on his exclusive use of his property the act of killing them is very likely to be considered disproportionate to the harm done.

One thing to note as well, even if the dogs had sentimental value to you the law will not allow recovery for this. You may only recover for the reasonable value of the dogs at the time they were harmed.

Answer 5

Sue him and teach him a lesson. He could have come to you and asked you to keep your dogs in your yard before resorting to killing them. Have your vet or other neighbors as witnesses that your dogs were not violent.
Ok so after I responded the first time.....then you decided to add the part about the rabbits. If your dogs were tormenting your neighbors rabbits, I doubt this is a battle you will win.

Answer 6

Yes absolutely, it's illegal to shoot a domestic pet in most states. It is also illegal to fire a weapon in many cities and towns depending on the circumstances. Call the police or consult an attorney. Get him to admit he intentionally killed the animal in front of a witness if possible.

Answer 7

I'm so sorry-what a jackhole he is. I would sue if you can prove no warning was given, and that the dog had no history of being violent. Don't let a bastard like that off easy.

Answer 8

He did not have a right to shoot them as long as they were not hurting someone. Call the police. I am sorry about your dogs.

Answer 9

I would call the local authorities, and let them know what happened.
Even if there isn't a law against what he did, they will talk to him, and if he has a history with the Police, they will find something else to harass him with.

Answer 10

If the dog is not in the process of attacking, that would be considered crulety towards animal. also depends on what sstate you are in. it could be a considered a felony.