Legal Question in Civil Litigation in Georgia
Vicious animal attack
Our family cat was mauled and killed, in our yard, by two boxer dogs. While attempting to retrieve her, one of the dogs charged and threatened me. I was able to fend it off and was not bitten. These dogs had been seen running loose in the neighborhood several times before. I called Animal Control. I was cited for (lack of) Control Of Animal, (because my cat was outdoors and unrestrained). The dog owner(s) was cited for Vicious Animal, Control Of Animal and Rabies violation. My question: What are legal options here? Can I sue for the ''wrongful death'' of a cat? My family has certainly suffered major anguish from this. Can that be considered? The owners of the dogs are renting the residence in our neighborhood which has covenants. The fence is inadequet to hold the animals. Can I sue the owners of the house? Can I sue the homeowners association? I am not one to be ''suit-happy'', but just want to know my options. What damages could I seek? Thanks! LM
1 Answer from Attorneys
Re: Vicious animal attack
Your claim is against the people who actually caused the damage (or, in this case, the owners of the dogs who caused the damage). The HOA, owners of the rental house, etc., quite obviously do not control the dogs. While I have pets myself and understand the loss, the reality is that it is not a financial loss for which you can count on receiving a significant windfall and the fact that you apparently violated a statute which led to your cat being outside does not help your case. If your goal is to improve the situtation and prevent future acts it may be time well spent to notify the property owner and the HOA and let them ascertain whether something needs to be done, and follow up with Animal Control to see that the violations are taken care of.