Dog Attack ~ need more info on laws in FL

[slloop3]

What is the name of your state (only U.S. law)? FL

On Dec 30, 2012 a pair of dogs loose in the neighborhood viciously attacked my cat in the street in front of our house. The local police restrained the dogs (they had been tracking them because earlier that morning they had tried to attack a neighbors girl, but she was luckily pulled inside by her grandfather just in time), one using a billy club the other with a backup firearm which was not fired, and gave us the contact info to the dogs' owner to call & get the money for the vet bills. We have waited until today to call because I have been nursing my cat back to health, and until this week was unsure if he a) would even live, and b) if we were going to need to take him back again to the vet, which we already had to once.

When we called the dogs' owner, with the case # from the police officer provided, he at first didn't 'remember' that this had happened at all, and then said we waited too long, he "knew his rights", and that he wouldn't pay. I'm sure that he is incorrect about it being too long a time, because it's only been 20 days, but I need to find the law citing this.

Can anyone else help me locate this information, so I can be better informed?

Also, if this goes to small claims court, can we get more money for mental distress? It's been a horrifying couple of weeks where I've had several days & nights that I've been up hand syringe-feeding, cleaning infected wounds, and taking care of this injured animal every couple of hours. I wouldn't want more money if this guy had been upfront & taken responsibility for his dogs, but this is such a slap in the face that he's trying to weasel out of it after what our family has gone through because he let his dogs loose.

Thanks for any help, Sherrie

 

[Zigner]

Why wasn't your pet properly restrained so it didn't wander the neighborhood?

 

[slloop3]

Why wasn't your pet properly restrained so it didn't wander the neighborhood?

My pet is a cat, and, according to nationwide laws, cats are not required to be restrained or contained. We do have a dog and he is properly contained within our fenced yard. The wandering dogs, however, were illegally loose, which the police can attest to.

 

[Silverplum]

"Nationwide" cat laws aside (no such animal, pun intended), your state appears to have varying rules by county.

Google yours and find out the laws.

 

[Zigner]

The Florida Animal Control Association feels that your cat should be under your direct control when off your property (http://floridaanimalcontrol.org/home-leash)

St. John's county requires it: www.sjcfl.us/AnimalControl/media/01-19_ORD.pdf

Palm Beach county appears to require if if your animal isn't altered.

Hillsborough county appears to require it.


From the guy who has watched his cat be mutilated by a loose pit-bull on my front porch, I have to tell you that, when you allow your cat to roam freely, you are exposing it to all sorts of dangers.

 

[Zigner]

slloop3: What county are you in?

 

[ecmst12]

The most you can hope to recover in small claims court is the value of your animal. The medical bills likely exceed the value of the animal, but you might be able to recover the cost of the medical bills anyway.

 

[Just Blue]

One has to wonder who OP would blame if his cat was killed by a coyote? God? Mother Nature?
Perhaps OP can learn to keep his cats indoors and his dogs in his care and control.

 

[tammy8]

I am so sorry for your situation. 18 months ago, my Beagle was attacked in my fenced in backyard by a roti that had gotten inside because the gate was not latched. I got in the middle of the attack and ended up with many bite wounds. I was able to successfully get my medical bills paid as well as my Beagle's ear reattachment bills only because I found out the neighbor's insurance company on my own and file a claim. My adjuster was pretty good compared to most but he did mention my Beagle's medical bills *could* not be covered under liability because a pet is considered personal property (as someone else mentioned and I knew this working in insurance), but he did include her medical bills in the settlement. Had I not been injured, I would have likely had to sue the neighbor's personally and would not have been awarded anything.

That being said, I have another dog, who is the social butterfly of our neighborhood and can climb a 6 foot fence in less than 30 seconds. He was attacked by an unknown dog last summer and needed about $250 in medical treatment and the only person I could blame is myself.

Was your cat in your yard?

 

[KennethAWilhelm]

What is the name of your state (only U.S. law)? FL

On Dec 30, 2012 a pair of dogs loose in the neighborhood viciously attacked my cat in the street in front of our house. The local police restrained the dogs (they had been tracking them because earlier that morning they had tried to attack a neighbors girl, but she was luckily pulled inside by her grandfather just in time), one using a billy club the other with a backup firearm which was not fired, and gave us the contact info to the dogs' owner to call & get the money for the vet bills. We have waited until today to call because I have been nursing my cat back to health, and until this week was unsure if he a) would even live, and b) if we were going to need to take him back again to the vet, which we already had to once.

When we called the dogs' owner, with the case # from the police officer provided, he at first didn't 'remember' that this had happened at all, and then said we waited too long, he "knew his rights", and that he wouldn't pay. I'm sure that he is incorrect about it being too long a time, because it's only been 20 days, but I need to find the law citing this.

Can anyone else help me locate this information, so I can be better informed?

Also, if this goes to small claims court, can we get more money for mental distress? It's been a horrifying couple of weeks where I've had several days & nights that I've been up hand syringe-feeding, cleaning infected wounds, and taking care of this injured animal every couple of hours. I wouldn't want more money if this guy had been upfront & taken responsibility for his dogs, but this is such a slap in the face that he's trying to weasel out of it after what our family has gone through because he let his dogs loose.

Thanks for any help, Sherrie

I'm so sorry to hear that. I think you have legal recourse if the dog came into your property and attacked the cat, but not if your cat wandered into the street. If you can get pain and suffering. Maybe you can ask for details from the Small Claims Court. I hope at least that your neighbors were very sorry. One's pets are very precious. If the dog is allowed to continue on this path he will hurt more, and it may be a child he mauls next time. I'm sorry for your kitty, I watched my own cat get mauled to death when I was a child and it is a horrible thing to have happen.

 

[Proserpina]

I am so sorry for your situation. 18 months ago, my Beagle was attacked in my fenced in backyard by a roti that had gotten inside because the gate was not latched. I got in the middle of the attack and ended up with many bite wounds. I was able to successfully get my medical bills paid as well as my Beagle's ear reattachment bills only because I found out the neighbor's insurance company on my own and file a claim. My adjuster was pretty good compared to most but he did mention my Beagle's medical bills *could* not be covered under liability because a pet is considered personal property (as someone else mentioned and I knew this working in insurance), but he did include her medical bills in the settlement. Had I not been injured, I would have likely had to sue the neighbor's personally and would not have been awarded anything.

That being said, I have another dog, who is the social butterfly of our neighborhood and can climb a 6 foot fence in less than 30 seconds. He was attacked by an unknown dog last summer and needed about $250 in medical treatment and the only person I could blame is myself.

Was your cat in your yard?

Per OP's post, the cat was outside of the yard.

 

[Silverplum]

I'm so sorry to hear that. I think you have legal recourse if the dog came into your property and attacked the cat, but not if your cat wandered into the street. If you can get pain and suffering. Maybe you can ask for details from the Small Claims Court. I hope at least that your neighbors were very sorry. One's pets are very precious. If the dog is allowed to continue on this path he will hurt more, and it may be a child he mauls next time. I'm sorry for your kitty, I watched my own cat get mauled to death when I was a child and it is a horrible thing to have happen.

First sentence of the original post:

"...attacked my cat in the street in front of our house."

Reading is a good thing, isn't it?

 

[aardvarc]

When we called the dogs' owner, with the case # from the police officer provided, he at first didn't 'remember' that this had happened at all, and then said we waited too long, he "knew his rights", and that he wouldn't pay. I'm sure that he is incorrect about it being too long a time, because it's only been 20 days, but I need to find the law citing this.

Florida's SOL for damage to personal property is 4 years. If you want to view the statute, it's under Chapter �95.11(3)(h)

if this goes to small claims court, can we get more money for mental distress?

Nope. Animals are chattel - just like any other property. If you lost the cat, you'd get the value of the cat. If there were medical bills, you'd get up to the reasonable value of the cat in damages (just like if someone hit your car, the court won't find it reasonable to spend $10k in repairs when the car has a bluebook value of $2600).

My pet is a cat, and, according to nationwide laws, cats are not required to be restrained or contained.

Nationwide laws really mean nothing here. The controlling laws are the more restrictive ones, laws covering your state, and city and country ordinances that come into play. There's also common sense. Sometimes YOU have to protect yourself and your property. That's the reality of life. Do you figure it's a good idea to stick a power drill in your eye, because there's no law saying you must abstain from doing so? Do you put your valuables out in the front yard over night, because there are laws in place telling other people not to trespass or take your items? Of course not. Because you understand that putting them out there puts them at risk, and other people do things they're not supposed to.


If you're going to allow your cat to roam around outside, then you need to be emotionally prepared to cope when it meets some fate other than old age. Go do some research, and educate yourself about the average life span of an outdoor cat. Start with the humane society. Then call the local office of your state's wildlife agency. Ask them how many calls they got last month from people complaining about dogs, coyotes, birds of prey, and other animals killing their cats or cycles of cats "disappearing" from neighborhoods. Then become a responsible pet owner, and keep your cat INSIDE, where dogs, coyotes, sadistic teenagers, cars, hawks, eagles, snakes, antifreeze, toxic plants, poisonous fertilizers, and all manner of other sorts of deaths aren't awaiting an animal you espouse to have emotional ties to. Or learn to buy really cheap cats, if you're going to be loosing them to the plethora of predictable fates. Look I know that sounds harsh, but your job as a pet owner is to keep your pet SAFE, and cats outside are NOT safe, for LOTS of reasons, even if every dog in town were properly contained.

So sue the dog owner for the medical bills - where you can reasonably expect to get up to the value of the cat. Then, don't get another one until you're prepared to keep it INSIDE.

 

[swalsh411]

according to nationwide laws

I can assure you with complete certainty that there is nothing in the US Code that deals with housecats.

I hope you feel bad for failing to protect your cat.

 

[LdiJ]

I can assure you with complete certainty that there is nothing in the US Code that deals with housecats.

I hope you feel bad for failing to protect your cat.

I have to say this...

Anyone who knows anything at all about cats knows that its impossible to confine them. Even the most protected, pampered house kitty will get out once in a while. We all also know that animal control laws are very rarely enforced when it comes to cats.