Legal Question in Civil Litigation in California
How do I sue my neighbors for the death of my dog?
Our dog was nearly fatally wounded when he was attacked on our property by our neighbors 2 rottweilers. I heard him crying and ran to see what was wrong with him and saw them ripping him up, he wasn't even fighting back. I ran back into my house to get the shotgun, fell on my way back to the scene, hurting myself, I then managed to fire the gun and scare the dogs away. He was barely alive at that time, I took him to the vet, paid $500.00 up front, when they operated they found that he was in really bad shape and would lose his leg and it was going to cost about 2000.00 so I had him euthanized. He was a 4 year old mixed breed that we dearly loved and had traveled all over the country with us in our truck. What can we do to collect damages? How much can we sue for? Can we force these people to have their dogs euthanized?
2 Answers from Attorneys
Re: How do I sue my neighbors for the death of my dog?
You have basically asked two questions.
You may recover your economic damages due to the attack. This could reasonable include your vet bills and the reasonable value of your pet. Unfortunately, pets are seen as personal property so your recovery will likely be the replacement value of your pet for another of similar type and pedigree. You may not be able to recover for the emotional or sentimental value of the pet.
Secondly, you should report the attack to your local animal control agency. Based upon your complaint the agency may conduct what is called a dangerous dog hearing. At that hearing, a determination will be made as to whether to put the dogs down. Even if the dogs aren't put down, your complaint can serve as notice to the dog owners and certain others of the dogs dangerous tendencies in any future litigation. I strongly urge you to do this.
Re: How do I sue my neighbors for the death of my dog?
Unfortuantely, household animials are considered personl property. As such, there value is all that you can claim. I'd advise filing in small claims court for $5,000 and seek emotional distress damages. You may win.
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