Dog died from dog bite

[jmickeym]

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

My dog was attacked by a loose American bulldog on Thanksgiving morning. The dog that attacked my dog Sparky, (small poodle/dachshund mix) had got out of a yard a couple streets over. My dog was in my front yard where I had let him out to use rest room. He stays right in my yard, has for 5+ years. The owner payed the vet bill, I only made him pay the part of bill relative to the attack, but had cost of rabies shot and other vacs that were due(Now I am out that. Sparky had to be sutured and a tube placed in one of the wounds, but my dog died on Saturday afternoon, never recovered. The owner admitted that his dog had gotten out before, due to a faulty latch on gate, and that the dog had jumped on a dog in his yard. This as been extra emotional, being this was was mothers dog prior to her death 5 years ago and being a holiday.

What other recourse do I have? Having something done about the dog or owner, pay the rest of the vet bill seeing I am out that, pay for adoption fee of another pet (when ready), plus other expenses like shots, worming and supplies involved, had to through out other dog bedding, as this where he died? Pain involved in all this.

I love animals and really hate to have something done to the dog, but don'I want this to happen to someone else dog or god forbid a kid. I have had a dog for 30 plus years(most living 12+ years) .

Just wonder where to go from here!https://forum.freeadvice.com/images/smilies/mad.gifWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[swalsh411]

You can certainly sue the owner for any part of the vet bill they haven't reimbursed you for. Whether or not the Judge will award it nobody can tell you for sure. The rabies and other "mantainance" items are not related to the dog attack and are something you would have to do anyway. You could also sue for the reasonable replacement cost of a new dog. (rescue or adoption fee).

I would also report this to animal control if you haven't already. I wouldn't want a clearly dangerous dog in my neighborhood.

 

[jmickeym]

I have not reported yet but plan too. Just trying to get all the facts and advise first. I have a feeling that he is not going to pay anything after I turn him in to animal control. There is a vicious dog ordinance, that will prevent him from keeping his dog.

 

[Antigone*]

I have not reported yet but plan too. Just trying to get all the facts and advise first. I have a feeling that he is not going to pay anything after I turn him in to animal control. There is a vicious dog ordinance, that will prevent him from keeping his dog.

I would certainly report his dog as soon as possible. The most you could recover is the vet bills that remain unpaid from the actual attack and possibly the depreciated value of the cost of the dog.

From one dog lover to another ~ I am sorry for the loss of your dog.

 

[jmickeym]

I would certainly report his dog as soon as possible. The most you could recover is the vet bills that remain unpaid from the actual attack and possibly the depreciated value of the cost of the dog.

From one dog lover to another ~ I am sorry for the loss of your dog.

Thanks, didn't realize they depreciated in value. I was thinking more the line of the cost to replace the pet, when I am ready too.

 

[Antigone*]

Thanks, didn't realize they depreciated in value. I was thinking more the line of the cost to replace the pet, when I am ready too.

Almost everything depreciates. Very few items appreciate, and unfortunately a dog is not usually one of them.

 

[Mass_Shyster]

Thanks, didn't realize they depreciated in value. I was thinking more the line of the cost to replace the pet, when I am ready too.

The law considers pets and all animals as personal property. There are attempts by some animal rights groups to change that, but for the time being, they are still property.

The value of a puppy is higher than the value of your five plus year old dog. Some will argue that any costs exceeding the "fair market value of the dog" while attempting to "save" the dog is waste, and is not recoverable. Different courts will decide differently on that issue. As an example, if your car is involved in an accident, the person at fault is not required to spend more than the value of the car in order to repair the car. You can't collect $10,000 to repair your 1990 Ford Escort because that's what would be required to replace all the damages parts. The courts will only allow the $800 that the car is worth.

Unfortunately, the law regards pets the same way.

My guess is you can collect the vet bills or the value of the dog, but not both. There's no allowance for emotional distress for animals. I don't know if any courts have awarded damages for mental anguish (a lower standard than emotional distress).

You always have the option of suing for whatever amount you wish, and settling for whatever amount you can get. There have been large settlements for injuries to pets, but no court awards that I'm aware of.