Legal Question in Real Estate Law in Washington

Hello, I am in need of advice and possibly a lawyer. My neighbor's mastif came over onto my property and killed my dog, I witnessed it. I pursued the dog who ran back to his owner who was 50 yards away on the road. I explained what I had seen and she broke down crying and addmitted she knew what was happening. Her husband came over and took my dying dog and my wife to his vet where he addmitted financial responsiblity. Kotty died that night and I made a report with animal control who under state law took the dog and started the process to euthanize the dog. My neighbor got a laywer and denied everything then got his dog back who is next door right now...and Im supposed to feel safe with three small children and multiple animals on my property. Beyond not feeling safe with a dangerous dog about, he is trying to welch on the vet bills. I was trying to be nice but now its war, what is the extent I can go to legally. Or what should be done.


Asked on 2/15/11, 2:24 pm

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

I think you are correct, that you need to take legal action, since your neighbor now appears unwilling to do anything else. The safety issue is the real reason you would want an attorney. Specifically, I'd want to get a restraining order to keep the dog at least 300 feet from your property line. This is another way of telling the neighbor to remove the dog from his property, since his property touches your property.

The financial damages are minimal, in the sense that for the wrongful death of a dog, most times, all you are entitled to is the fair market value of the animal, if you were to get another one. Sometimes pure breeds are quite pricey, but if your dog was "normal" we're talking less than $1,000. From there, the vet bills are actionable too.

If you have witnesses, such as the vet or the vet's assistants who heard the mastif owner take financial responsibility, then you need to get sworn and notarized affidavits from them to that effect ASAP before they forget the details.

If they refuse, then you will need to subpoena them to a deposition to get their sworn statements. Actually, the more I think of it, you should contact this gentleman:

Adam P. Karp, JD MS

425 Crown Plaza Building

114 West Magnolia Street

Bellingham, WA 98225

Phone: 360-738-7273

Outside Bellingham: 888-430-0001

Mr. Karp is known to me by reputation only, but he does extensive work in animal law, and I think he is the best person to at least consult with, if not hire for this very job.

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Answered on 2/15/11, 2:48 pm


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