I understand how painful it is to lose a pet. Pets are more like family members and their demise leaves unbearable pain. Maybe your neighbor was speeding down your street or carelessly toying with a weapon – or maybe it was your neighbor’s dog – but your beloved dog is now gone.
If you are puzzled about what to do next after your neighbor killed your dog, this article is here for you.
If one of your pets is harmed or killed, you are entitled to compensation. You can talk to your neighbor and resolve issues without resorting to legal action. However, if it turns out to be impossible, you can move forward and sue the person.
In this article, we will guide you on how to file a lawsuit against your neighbor after killing your dog and answer some questions surrounding this matter. This information is not meant to replace your lawyers advice.
My Neighbor Killed My Dog, What Should I Do?
Below are some steps to follow if you suspect your neighbor killed your dog;
1.Get Your Evidence
To bring a successful claim, you must have evidence of the damage or death. Take the body to the vet to be necropsied. Even if you are in shock, you should take color photographs of the injuries. Take pics of your dog where you discovered him or her. If you are too emotional, someone else can take the pictures.
You should also try and find witnesses. If someone witnessed your pet being harmed or murdered, you should try to obtain their name and contact information. If you go to trial, you might need to call them.
2. Confront the Neighbor
Do not proceed without first consulting with your neighbor. Most of the time, this will get you nowhere. The neighbor may further insult you, exacerbating your sorrow. They may refute the charges, but let them know you are aware that they harmed your cat.
Be nice and try to find out why they killed your dog in the first place.
Request financial compensation for the expenses incurred in treating the animal and torturing you emotionally. If they do not apologize, inform them that you want to file charges against them.
3. File a police report
You should also notify the authorities about whoever injured or killed your pet. The police will conduct an investigation and then prepare a police report.
If you don’t know who murdered or harmed your pet, you should contact the authorities. Unfortunately, before you can sue, you must first determine who this individual is. A defendant must be named in every action. If you don’t know who harmed your pet, the authorities may be able to find out by conducting an investigation.
4. Determine the value of your pet
The amount of compensation you will receive may be determined in part by how much you spent on your pet. Look for evidence of how much you paid for your pet and all the expenses spent on him/her. Some of the costs include;
Replacement cost – If your dog died, research the cost of getting another dog. You must be able to provide proof of the current market value. For instance, if you adopted the pet and paid an adoption fee, you must locate the receipt for that cost. If you bought your pet from a breeder, a copy of your check or a receipt from the breeder might serve as proof of payment.
Remember that the amount you receive may be greater or lesser depending on how much you paid for your pet. For instance, a pricey show dog will need a higher payment than a dog you adopted from a shelter.
Cost of treatment– You may get compensated for the money you spent on your pet’s medical care. Request from your dog’s veterinarian any necessary medical records, including one that details your dog’s prior general health. You should set aside a folder for your bills to stay organized. You can place your receipts in the folder as soon as you arrive home. You can sit down and tally up the cost of your medical care when you’re ready to file a lawsuit.
Training/intelligence –Find a record of your dog’s official training, including any obedience, agility, or other specialized training, as well as any specific abilities or tricks they may have mastered.
Breed – Your dog’s breed, as well as whether it was purebred or mixed, may have a significant impact on its value. If your dog is AKC registered, keep the registration papers on hand because some breeds are more uncommon than others.
Document your emotional suffering – Obtaining compensation for witnessing your pet suffer an injury may also be possible. This will be determined by your state’s legal system. When a pet dies, you should keep a journal of your emotional suffering. When you file a lawsuit, this documentary proof may be useful.
5. File A Suit
The next step would be to file a claims lawsuit at the nearby courthouse once you have your evidence in order. Although you don’t need a lawyer for this, you should nonetheless employ one if you can.
After you file the form, the court will schedule your hearing, which will cost between $30 and $50.
You will be required to show your proof when you return for your court date. This includes the dog’s expense receipts, identification papers, vet bills, and a statement signed by the veterinarian.
How long do I have to file a court action?
“Statutes of limitation” refer to the deadlines for filing your action. The duration varies and is based on several factors. The statutes of limitations differ from state to state as well.
The best person to help you decide how long you have to file your lawsuit will be a lawyer.
Conflicts With Other Dogs
It is often against the law to hurt or threaten to hurt animals. We still need to understand what happens when a dispute with a neighbor’s dog occurs.
So let’s look at the laws that apply in these circumstances.
What Happens If Another Dog Kills My Dog?
Depending on the circumstances, you might be entitled to sue the other dog’s owners for compensation if their negligence resulted in your dog suffering fatal injuries at the hands of another dog. The law will favor them, though, if your negligence was to blame.
Since the circumstances can occur differently in each scenario, negligence may be something to take into account.
Your chances of winning a case are decreased, for instance, if your dog wandered into your neighbor’s yard and was killed by their dog because you were careless.
In contrast, if the situation were reversed and their dog attacked your dog when it was trespassing in your yard, they would be held responsible because they were obliged to take all reasonable precautions to keep their dog on their property.
Can Someone Shoot A Dog That Is Attacking Their Dog?
The majority of state laws prohibit people from shooting a dog that is attacking their dog, even if it’s to protect their property. Most likely, certain state regulations only permit the killing of dogs when they are threatening livestock.
If your dog trespass on your neighbor’s property and get attacked by another dog, you cannot go to your neighbor’s property and attack his dog. Instead, you should go take your dog and keep him enclosed in your compound.
However, if another dog trespasses into your compound and attacks your dog, whether you can eliminate the dog will depend on your state’s laws. The phrase “livestock” does not cover pets, despite the fact that certain states permit people to kill dogs to protect their livestock.
So it still remains unlawful to attack your neighbor’s dog even if he is attacking your dog in your compound.
Can A Dog Be Put Down For Killing Another Dog?
If the owner is proven to violate a dangerous dog statute set by law, which can differ by state, the authorities may opt to put down a dog for killing another dog. In such a circumstance, the dog will be put to death to stop any additional harm.
The “Dangerous Dog Statute” classifies dogs as being particularly likely to injure or kill humans or other animals. Each state has its own definition of what constitutes a dangerous dog. However, the majority go through judicial proceedings to examine the dog in question and assess its potential for threat.
What Can You Do If Someone Threatens To Kill Your Dog?
The best method to deal with threats that involve killing your dog is to inform local authorities about the occurrence, providing them with the approximate time and day of the threat, the precise words stated to you, and your response to the attacker.
You can even take matters further by visiting your local court and learning how to submit a restraining order to prevent the abuser from approaching your dog.
Additionally, you ought to start bringing your dog inside more frequently; if you do let them out, make sure to watch over them at all times.
Additional precautions for your pet’s safety include:
- Keep them contained and allowed to move around in a sizable cage.
- Install surveillance equipment all around your home to let your neighbors know you’re keeping an eye out.
What To Expect
According to legal authorities, dogs are legally considered property.
This means that if you file a small claims lawsuit, you will only be awarded the monetary value of your dog.
Additionally, when you file a charge against your neighbor, your chances of receiving compensation are extremely slim.
Thankfully, some states/courts now regard pets as more than just property.
Some go so far as to demand emotional and punitive damages in addition to the monetary value of the dog. If you reside in such a state, consider yourself fortunate.
You can pursue a criminal case against your neighbor instead of a simple claims suit. This is a more complicated lawsuit, but it may result in harsher punishment for the perpetrator.
First and foremost, locate the body in your community or state that deals with anti-cruelty laws.
Approach them and give them an in-depth description of the incident. Include dates and places, as well as actual witness testimony and your winning statement. Report to the police, a humane officer, or the district attorney.
There is no telling what may happen if you file a criminal charge against your neighbor.
The judge will consider your responsibility for allowing the dog to harm the neighbor (if that is what happened), what the dog did to provoke the neighbor, the history of the dog’s poor or good behavior, and other factors.
You can only present enough evidence and hope for the best.
