Legal Question in Civil Litigation in Utah
Dog Attack
Our neighbors two dogs pushed the slats in our fence over as they have done numerous times before and our small dog went into their yard to ''play''. The two dogs ripped her apart- one at the neck, and one at the hind quarters. The owner of the dogs pulled them apart, and came over to tell us to fix our fence slats that her dogs had broken. Our dog crawled back to our yard and was taken to the vet - she lived, but spent many days in the hospital and had two surgeries. The dogs have already killed one of our cats, and numerous animals in their previous neighborhood. My question is - Is there any legal obligation for them to pay the vet bill for our dog that they attacked. Our dog was on their property, but only because their dogs broke our fence. The neighbors have no fence of their own. Would their homeowners insurance cover it - or do we have any legal recourse?
1 Answer from Attorneys
Re: Dog Attack
Home owners insurance first - check with your agent. Coverage for this type of damage varies from policy to policy.
Your neighbors are liable for the consequences of their dogs actions. Once their dogs break down the fence, something which they knew could happen again, they are responsible for all of the foreseeable damage. They are also responsible for keeping their dogs secure, either leashed or in an enclosure which is secure. Apparently, they did neither.
Send your neighbors a polite but firm bill requesting that they pay for the costs you have incurred and a 'demand' that they obtain proper restraints for their animals. Send it certified and give them a short, but reasonable time to respond. If they do not agree to pay your costs, then file suit. If your damages are $5000 or less you can file in small claims court, and handle the suit your self, if you wish. This is a simple case and based on your facts there is no reason to believe that you would not prevail. If your damages are more than $5000 you have to file in district court. You can also represent yourself there, but you have to be careful about the Rules of Civil Procedure. You may want to have legal assistance. Because of the nature of your damages, you can ask for attorney fees and court costs. Good luck.
(Call or contact me if you have questions.)
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