Legal Question in Civil Litigation in Michigan

I live in Michigan, on 10/4/2012 my neighbor's dog was running at large and was in my yard. My sister took my dog out for a walk on leash in my yard. My dog saw the neighbors dog about 150ft away in my yard and barked. The neighbor's dog then ran straight for my dog my sister grabbed my dog in her arms and tried to get into our house but, was too late. A struggle insued with the neighbors dog jumping and biting and finally knocked my sister down and it then mauled my dog. It nearly killed my dog. We took my dog to 3 different Vets and finally found one who would extend us credit and attempt to save my dog. My dog is a trained "Flyball Dog" and has several titles and awards. She and I are a "team" to say the least. She is also purebred Miniature Australian Shepherd. Anyway after a 6 hour surgery, a blood trasfusion, and several office visits later. My dog is going to survive. I have a $3,400.00 Vet Bill. I have asked my neighbor nicely to put a claim on his homeowners insurance and he has refused. Is this a small claim matter? Or do I have to go to civil court? I know people say things like "market Value" but, what price can you put on a trained dog? She cost me 4,000.00 when I bought her. What advice can you briefly give me.


Asked on 11/06/12, 7:31 am

1 Answer from Attorneys
William Stern William Stern, P.C.

Under Michigan law, you would be entitled to have the vet bills paid. Small claims jurisdiction is now $5,000.00. Go to the district court where the bad dog lives and file a small claims suit against the owners. They will give you a hearing date. The rules of evidence are lax so just bring your vet bills with you. Make sure they are very itemized. You or your sister will not be able to get damages in addition to the vet bills.

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Answered on 11/06/12, 7:41 am


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