Legal Question in Civil Litigation in Florida

being sued over my dog killing another dog

I was walking my dog on a leash just outside my neighborhood and a man had his dog on a leash in his yard and my dog ripped out of my hands and killed his dog. Can he sue my homeowners insurance?


Asked on 6/19/07, 7:07 pm

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: being sued over my dog killing another dog

He cannot sue your homeowner's insurance. He might be able to sue you, however. Many homeowner's policies exclude damages caused by dogs. If you are sued the damages will likely be limited to the cost or replacing the dog.

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Answered on 6/19/07, 9:35 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: being sued over my dog killing another dog

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The party can sue you and you can ask your homeowner's insurance to defend and protect you providing you have such coverage. If not, I would suggest you retain an attorney for any action that is filed.

Currently, under Florida law, the loss of a pet is still considered a loss of a chattel (goods) and is not compensible like an injury or death to a human. Thus, any potential damages will most likely be limited to actual damages including the cost to replace the lost dog but not

"pain and suffering".

Scott R. Jay, Esq.

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Answered on 6/19/07, 7:33 pm
Michael Stewart Michael D. Stewart

Re: being sued over my dog killing another dog

He can sue you, and your homeowners might not cover it.

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Answered on 6/19/07, 7:39 pm


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