Does Anyone Know About The Legalities Involving Your Animal Killing Another One's Animal?

Question

What happened was is that I always let my Retriever from time to time walk inside of out alley; with our neighbors permission. He basically goes outside to urinate and walk around a bit.

Another one of my neighbors from across the street lets her cats run loose in the street almost every night and they always go back in the house on their own. Well a few nights ago my Retriever basically ripped one of her cats apart, putting it mildly, when the cat came into my alley.

When I had informed the neighbor about what happened she was angry and upset, understandably. Now she calls me up saying she is contacting her attorney about a lawsuit and will see to it that the Retriever is taken away from our home.

I don't know what is involved with "animal court" or "animal crimes" as I am unfamiliar with this. What exactly happens when your pet kills another person's pet? What should I do or prepare for on my part?

Answer 1

So this alley was next to your house, and the neighbor with the cat was across the street?
I'm pretty sure, (pretty sure mind you) that since this basically happened on your property, the courts can;t really do anything about it.
She should learn to keep her animals on her property.

However, I'm not positive about it, so don't take my word for it.

Answer 2

This is just my logical opinion:

I think you're both at fault. You, because you didn't have your dog under control either by having a leash or some other way of stopping him. Her, because the cat was wandering around loose, as well. There may not be a leash law for cats where you live, but the cat wasn't in it's own yard, either.

You were right when you said she is understandably upset. She is in shock right now and needs to place blame on you so that she avoids feeling guilty for letting the cat run loose. She is trying to cope, is all. I wouldn't talk to her anymore until she calms down. Besides, there's nothing you can say that will make her any less upset and not end up defending yourself - which will just make her more angry. Maybe when she stops making threats you can write her a heartfelt apology, but that's up to you.

I would keep my dog on a leash from now on and pay close attention to him. I would not leave him unsupervised, even for a minute. I have a fenced yard and I NEVER leave the back door when my dogs are out there. All it takes is a blink of an eye for them to get hurt or hurt someone/something. It's TOTALLY irresponsible to leave pets unattended - even on your own property.

I think the bottom line is that she won't get far in court, but it depends on where you live. You could get fined for violating the leash law.

I AM NOT AN ATTORNEY, SO DO YOUR OWN RESEARCH.

Answer 3

I would call an attorney and talk about it. You may have laws in your area that allow the owner to do this, or you may not. A couple of things to think about - is there a leash law on any land that isn't yours? has your dog shown any aggressive behavior before? will the neighbor sign that they were aware and okay that the dog was there?

There are so many little loopholes that you don't want to get caught up in, it's not worth it to get advice here on YA and then have the dog taken away because of some small technicality. I would say first things first, keep the dog inside or in your yard until this blows over. Don't talk to the neighbor unless you have to, and don't get angry with them. If your dog is harmless otherwise, try to get a letter from your vet saying that this dog hasn't shown any signs of being aggressive. And finally - call an attorney, even if it's just to go over what they can/can't do and what steps you should take. Hopefully your neighbors were just mad at the time, but it never hurts to be prepared for the worst.

Answer 4

Your dog killed another person's pet, which is the main legal problem you have--regardless of WHERE it happened.

Go down to your city clerk's office and ask about the animal ordinances. Some cities have no forgiveness rules, one attack and the animal is put down. Others have a one bite rule, but that doesn't include killing. Each city is a bit different.

By knowing what your local ordinances are, you'll be better prepared. If you knew your dog was dangerous they can bring up the legit question about why he wasn't muzzled for safety once out of your home.

'Your' alley is actually common proptery for the city, a communal area that allows city garbage pickup and fire trucks access in case of emergency, so it's not owned on your plot of land when you filed the surveyors report with the city when you bought your place. All property lines stop at the alley edge.

Answer 5

I believe (but check with your city council or humane society first, they would know), that as long as it wasn't on HER property, you will be fine.
By your alley, do you mean one that is owned by the city by your house or one that is owned by you? If it is owned by you- her animal came on your property, so her fault. If it is owned by the city, she may have a shakey case.

The most she will be able to do is maybe get you a citation for having an unleashed dog within city limits. I can't really think of anything else she could legally charge you with, especially since it wasn't on her property.

I would have your other neighbors write statements saying how nice your dog is, so if it does go to court, at least they can see he is not a threat to people, which is all the courts are really concerned about anyways,

Answer 6

Laws vary from area to area. You need to check with your homeowners insurance to see if you are covered for financial responsibility, and you need to talk to a lawyer to see if you have any responsibility, given the cat was allowed to roam free.

However, since your dog was not on your own property, but on an alleyway between two properties, and he was not leashed, you may have some liability.

Again, different areas have different laws, and you need legal counsel - BEFORE her attorney files suit, so you know what your options are.

Answer 7

My pet insurance states that Whatever a dog does is the owners' responsibility and liability as the dog should always be under control of the owner.