Legal Question in Personal Injury in Tennessee
neighbor killed my dog
My dog got out of my fence in April. I put up fliers to get him back with a reward offered. A man called me and said he had my dog and wanted to know how much the reward was. When I told him $100 he said ''for that I will just keep the dog'' implying that he wanted more. A day later my dog appeard behind my fence, dead. He looked as if he just laid down and went to sleep there. I think this person may have poisoned him because I wouldn't give him more money. When I looked up the phone number to find out who called me, it was a neighbor whose yard is about 50 feet from the back of my property. I am wondering if there is an allowance for emotional distress or personal damages for this type of case in the state of Tennessee. I feel obligated to do something so that this man will not do this again to someone else's pet.
2 Answers from Attorneys
Re: neighbor killed my dog
If you can prove that he in fact took your dog and killed it, it sounds like you have pretty compelling circumstancial evidence, you can recover under the following elements of damage:
1. Value of your dog;
2. Punitive Damages - amount to punish him for his conduct. Must be related rationally to the value of your dog (3 to 5 times the amount is normal.)
3. If you allege the tort of outrage you could get damages for the shock of seeing your dog dead and realizing that someone killed it. You must prove that the dog died of something other than natural causes.
I hope this helps.
Re: neighbor killed my dog
Here is the text of one of Tennessee's statutes dealing with your question. I hope this helps:
a) If a person's pet is killed or sustains injuries which result in death caused by the unlawful and intentional, or negligent, act of another or the animal of another, the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for up to four thousand dollars ($4,000) in non-economic damages; provided, that if such death is caused by the negligent act of another, the death or fatal injury must occur on the property of the deceased pet's owner or care-taker, or while under the control and supervision of the deceased pet's owner or care-taker.
(b) As used in this section, "pet" means any domesticated dog or cat normally
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maintained in or near the household of its owner.
(c) Limits for non-economic damages set out in subsection (a) shall not apply to causes of action for intentional infliction of emotional distress or any other civil action other than the direct and sole loss of a pet.
(d) Non-economic damages awarded pursuant to this section shall be limited to compensation for the loss of the reasonably expected society, companionship, love and affection of the pet.
(e) This section shall not apply to any not-for-profit entity or governmental agency, or their employees, negligently causing the death of a pet while acting on the behalf of public health or animal welfare; to any killing of a dog that has been or was killing or worrying livestock as in � 44-17-203; nor shall this section be construed to authorize any award of non-economic damages in an action for professional negligence against a licensed veterinarian.
(f) The provisions of this section shall apply only in incorporated areas of any county having a population in excess of seventy-five thousand (75,000) according to the 1990 federal census or any subsequent census.
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