Legal issue with my dog being attacked.

[dyeagain15]

Ok simple enough, get a lawyer to pursue the case, let him figure it out. Sitting on here bitching back and forth isnt gonna solve anything. If anything helps, my brothers brand new puppy got attacked by a big ass tom cat in his back yard (in town) and he shot it with his bow. The officer confiscated his bow (which he got back) and got no charges pressed against him. Someone elses pet or not, leash laws exist and keeping track of your animals is necessary. My .02 says you can get money from them, seeing as how that morning they were in your yard for the same reason retrieving their pet.

/thread

[iKidwell]

You've definitely got enough evidence, and i'd say that you could call what you did to protect your dog "protecting your property"..? not sure on that, but I would very highly doubt that your neighbor could win in a case.

well, I cannot recall the exact case, but there was a case where a guy broke into someones house and got hurt in their house and pressed charges on them and won. I'm just saying that even though you may know the law system, lawyers know how to manipulate it to your benefit.

if somebody breaks into my house i'm doing anything i can to make sure they can't even get out hahah, there will be limited breathing, much less charge pressing

[TeamHT]

Please don't force a 17 year old ask you to grow up. Neither your posts nor cccmaa's posts (pissing contest at this point) are helping the OP get any progress.

I respectfully have to disagree.

Having an opposing opinion does not mean that Hugh is being immature. If you think so, I think you might want to take some of your own advice. The thread was started because one of the SMD members had an issue and wanted to get the forums opinions on whether or not he had a case or legal right to seek retribution.

OBVIOUSLY believing he doesn't have one would be attempting to help his progress. Instead of paying legal fees and court filing fees when going to small claims court if he's only going to lose in the end.

I've stated before, and I will say again. I sympathize for the OP and his dog. I just don't see him winning anything.

[Ji553r]

i agree with both sides on this story. but one thing is technically speaking there is always a case....whether he wins or not is the question. technically whether it is even heard or not comes before that but its still a case none the less. my opinion is that yes he trespassed and has injuries to himself and his dog which were both trespassing well he shouldnt profit from that....i believe he should however be compensated for the medical bills for himself and his dog because of the fact that the hole was big dogs fault which caused the trespassing. this is an unfortunate event

[Mosin]

I respectfully have to disagree.

Having an opposing opinion does not mean that Hugh is being immature. If you think so, I think you might want to take some of your own advice. The thread was started because one of the SMD members had an issue and wanted to get the forums opinions on whether or not he had a case or legal right to seek retribution.

OBVIOUSLY believing he doesn't have one would be attempting to help his progress. Instead of paying legal fees and court filing fees when going to small claims court if he's only going to lose in the end.

I've stated before, and I will say again. I sympathize for the OP and his dog. I just don't see him winning anything.

X2

[R_Mac_1]

If the hole was such an issue I would assume the neighbors dog who allegedly dug the hole would have used it to get out and wreak havoc the way the OP states it would. Instead, your reasoning is because the dog dug the hole and waited like an intelligent predator for an unexpecting curious dog to use it and the owner didn't have signs and his yard is public property he is responsible. Please use logic when responding...

I think you need to read again. The hole was dug between his yard and his neighbors yard. He said in the OP that he saw his neighbor taking their dog out of his yard earlier in the day, and assumed that the dog had jumped the fence. It's pretty obvious from the pictures that a dog on the neighbors side of the fence caused the damage. So, I would say the neighbor's dog dug the hole, went in his yard and was then removed. So, the dog DID use the hole to get out.

As far as you having a case, I'm not sure. I would hope that you would be able to be compensated at least for the vet bills. It's pretty obvious it was the neighbor's dog who caused the damage, except it seems that the fence belongs to the neighbors so I'm not sure how that works. But, with the fence being there you had a reasonable expectation of safety for your dog. What I would do is take as many pictures of the broken fence and hole as you can, with dates. Take pictures of your injuries and the injuries to your dog as well. Write out a statement as soon as possible so you don't forget details. I would then go over to the neighbor and politely explain to them what you think happened and ask them if they would be willing to pay the vet bills. If they refuse, I would then sue them in small claims court. The burden of proof in small claims court is pretty lenient and it seems to me you would have a case there. It's not like criminal court where you have to prove your case beyond a reasonable doubt. In small claims court you just have to prove your case by a preponderance of evidence, which basically means it's more likely than not that your claims are true. I'm not sure a lawyer would help much because the cost for a lawyer would probably be near as much as what the vet bills will be.

[EclipseChris]

X2

Your disagreeing with everything i say today

All i have left to say is that this forum is not where the OP needs to ask. If it is as important to him as it sounds money has become little issue.

[manofthehour]

First, don't listen to anyone on hear except the people that say call the police. Second, laws can vary by state and the most help you can get is from a police officer in your area.

edit: or if you have money you can hire people to look into it, but I believe the police would be able to tell you if you have anything to go with.

Sorry to hear about all this, hope your dog gets better and you as well and gL with getting this mess sorted out.

[mbdblue]

I agree with asking the cops. go head and file charges to see what happens. but IMO, and this is My opinion only, I think your both at fault. whether the animals....and I say ANIMALS cuz thats what they are....are in your yard or across the country, it/they are your responsibility. whether there animal made the hole or not, both you and your neighbor should have noticed it. especially if you have neighboring dogs that have a violent history. also, you put yourself in that situation. your neighbor didnt tell you to go in there. I know how you feel with caring about your pets, but regardless, it shouldnt be your neighbors money to pay the bill for a decision you made.

as I said before, you may have a case, you may not. its really up to your local laws and a judge to decide.

[manofthehour]

I agree with asking the cops. go head and file charges to see what happens. but IMO, and this is My opinion only, I think your both at fault. whether the animals....and I say ANIMALS cuz thats what they are....are in your yard or across the country, it/they are your responsibility. whether there animal made the hole or not, both you and your neighbor should have noticed it. especially if you have neighboring dogs that have a violent history. also, you put yourself in that situation. your neighbor didnt tell you to go in there. I know how you feel with caring about your pets, but regardless, it shouldnt be your neighbors money to pay the bill for a decision you made.

as I said before, you may have a case, you may not. its really up to your local laws and a judge to decide.

I would ask a police officer or if you know how to contact a judge (I'm trying to tell you free resources, obvi lawyers will do this for $) before pressing any charges... And I'm also assuming you and your neighbor aren't in speaking terms? Or else I'd ask if you have asked if he'd pay for the expenses, but I don't know that whole situation. You just don't wanna waste money on going to court if you're not SURE you're going to get something out of it, so I stand by what I said, ask a police officer or judge.