Article published May 10, 2009
Is it worth suing neighbor after their dogs killed pet?
Dear Dale: My neighbors’ three dogs attacked and killed my pomeranian-pekingese mix that I’ve had for 14 years. The dogs came over to my yard to attack my dog. My neighbors haven’t contacted me since it happened and I’m not sure what I can do. Is it possible to sue them?
Answer: First of all, I’m sorry about your dog. I know what a tremendous loss that must be for you, and it’s probably a lot tougher because of the violent nature of the death.
In terms of what you can do legally, you can file a lawsuit, but it’s probably not worth it to hire a lawyer. People often talk about suing without realizing that it can be an expensive, time-consuming, frustrating, and emotional process. It usually should be your last resort.
When I speak about whether it’s “worth it,” I mean that literally. Though dogs are like one of the family to most of us, under the law they’re considered property. So, while your heart may ache, you aren’t going to receive any compensation for that suffering. You’re entitled to the value of the dog, which would have to be shown through evidence such as an expert’s opinion or a purchase receipt, along with any vet bills for treatment your dog received before she died. From a legal perspective, your damages are figured the same way they would be for the loss of any personal property such as a car, bicycle, or television.
Unless you have a very valuable dog, your legal expenses would probably outweigh any recovery you might get.
Don’t get me wrong, though. Just because it might not be worth your time and energy to pursue a lawsuit, you’re on firm legal footing. Under Ohio law, dog owners or keepers are responsible for injuries and damages their dogs cause. So, when a client comes to our office with a dog-bite claim, the only question from a liability perspective is whether that person was trespassing, committing a criminal act, or was teasing or tormenting the dog. The same would be true in your situation. Your dog was on your property at the time of the attack, so your neighbors should be liable.
Rather than thinking lawsuit first, I’d consider calling or writing your neighbors. You might find that they’ll be willing to do the right thing since their dogs came onto your property. I’d let them know that you expect to be compensated for your losses and provide them with some documentation to justify the dollar amount you’re seeking. If that doesn’t work, you still have the option of small claims court. You could keep your costs low if you don’t have to hire a lawyer.
Dale Emch practices law at the Charles E. Boyk Law Offices, LLC, in Toledo. In his column, he will discuss general legal principles and answer readers’ questions. Neither Mr. Emch nor The Blade present or intend his column to be taken as legal advice. Readers seeking legal advice should consult with an attorney. Readers should send their questions to Mr. Emch at demch@charlesboyk-law.com or Dale Emch, 405 Madison Ave., Suite 1200, Toledo, OH 43604. His blog is at www.toledocaraccidentlawyerblog.com
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Is it worth suing neighbor after their dogs killed pet?
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