Pit Bull Attacked our Horses in OUR Yard

[ernest_t_bass]

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

In your opinion, what is the statute of limitations on going after my neighbors or compensatory punitive damages for a pit-bull attack on our property? Here is a breakdown.

- Sunday - Dog attack. Vet arrives and takes pics and documents everything. I tell neighbors no police report if dog is put down. Dog is put down.
- Monday - I call sheriff to talk off the record, he informs me that vet documentation is a good thing, as well as document stating the agreement of all parties. He says he understands the "being neighborly" thing about the whole situation.
- Tuesday - Rage builds
- Wednesday - Rage builds more
- Thursday - Rage builds more, documents signed stating acknowledgement of incident and agreement for neighbor to pay bills.
- Friday and on - Rage continuing to build, non veterinary bills adding up, peace of mind ruined, "dream home" now a nightmare

I want to talk to a lawyer, but I just want your opinions. I just want to know how long I have to seek compensatory punitive damages, or to seek retribution for the costs we are eating that may not be covered in the agreement, as well as the mental and emotional anguish that my wife has been put through. Can I decide in a month that I want to go after these idiots, since I didn't file a police report? The vet took very thorough documentation and pictures of the incident. We are just getting more and more pissed as every day passes.

 

[Dave1952]

The Ohio SOL for property damage is 2 yrs. Since you aren't filing criminal charges, I'm thinking property damage. That's plenty of time to let your rage subside and see if the neighbor pays the bills.

 

[Zigner]

You have two years from the incident in which to sue for property damage, which is all this is. You can't recover for emotional damages, etc.

ETA: The "etc." in the above statement means you're not getting punitive damages either.

Perhaps you need to speak with a therapist about your seemingly disproportionate mental/emotional response to this matter.

 

[AdjunctFL]

You might get reimbursed for your vet bills but I doubt punitive damages or mental and emotional damages are in order. In Florida where I live and I suspect in most other jurisdictions, an animal is considered property and damages are limited to the value of the animal if it dies, or costs such as vet bills if it doesn't. "Value" refers to what the animal can be sold for, not any presumed value for your life long friend and faithful companion.

 

[quincy]

You might get reimbursed for your vet bills but I doubt punitive damages or mental and emotional damages are in order. In Florida where I live and I suspect in most other jurisdictions, an animal is considered property and damages are limited to the value of the animal if it dies, or costs such as vet bills if it doesn't. "Value" refers to what the animal can be sold for, not any presumed value for your life long friend and faithful companion.

I sincerely doubt that the pit bull that attacked ernest's horses was a "life long friend and faithful companion."

He demanded of his neighbors that their dog be put down (which it was) and is now considering suing for damages.

 

[Zigner]

I sincerely doubt that the pit bull that attacked ernest's horses was a "life long friend and faithful companion."

He demanded of his neighbors that their dog be put down (which it was) and is now considering suing for damages.

The OP is also asking about "...mental and emotional anguish..." that his wife has been put through.

 

[quincy]

The OP is also asking about "...mental and emotional anguish..." that his wife has been put through.

Right, but it sounded to me as if AdjunctFL with his reference to "life long friend and faithful companion" was referring to the pit bull as being ernest's life long friend and faithful companion. Ernest owned the horse(s) that were attacked by the neighbor's pit bull (the pit bull of which might have been the neighbor's life long friend and faithful companion).

 

[commentator]

I think he was taking about his horse being a lifelong friend and faithful companion, not the neighbor's dog. Don't forget, though, they've lost a dog, and though the dog did very very wrong, they're still hurt and sad and really really hate that it happened too. If they pay the vet bills, let them and move on, please.

I agree that the counseling of some kind, pastoral perhaps if you are religious, would be appropriate. Have some counseling for your wife if she is unbearably traumatized. But try to move on, because the more you dwell and dwell on this, the more it will grow and the next thing that will happen is that you'll be going over there to shoot one of your neighbor's horses just to show them how it feels. There are so many really bad incidents that begin with something like this.

We once had a beloved dog, no signs of any previous violence, who went nuts and attacked our beloved horse and her newborn (and very expensively bred) colt. Nobody to blame, nobody to become enraged at, animals just sometimes act like animals. No way on earth would we have ever predicted this would happen. We put down the dog, spent a fortune trying to heal the colt, but really, if it had been our neighbor's dog, we'd probably have had the luxury of trying to blame someone else. But it is not worth the hatred and strife this sort of nursing a grudge will bring to you.

 

[xylene]

Hatred and strife are always worth it where dogs are concerned.

Dogs, epecially pit bulls are the worst.

Let you hatred turn to something productive, like lobbying for draconian breed specific legislation.

 

[quincy]

Here is a link to part of Ohio's dog laws: http://www.animallaw.info/statute/oh-dog-chapter-955-dogs-consolidated-dog-laws#s28

It is possible that ernest and his wife considered the horses lifelong friends and faithful companions, but those are terms generally reserved for dogs.

 

[ernest_t_bass]

I sincerely doubt that the pit bull that attacked ernest's horses was a "life long friend and faithful companion."

He demanded of his neighbors that their dog be put down (which it was) and is now considering suing for damages.

This.

The OP is also asking about "...mental and emotional anguish..." that his wife has been put through.

Not so much mental and emotional, but bills that are related to the incident, or stem from the incident, but are not veterinary related. We bought certain things for this year's fair (for my daughter, she shows the horse) that are now a waste b/c the horse cannot be shown at fair. There might be a continuance of medicine or treatments, or things like that, etc. If that makes sense.

But what you all are saying... since I did not file a police report, we cannot pursue criminal charges? Re: Sue our neighbors for their negligence and stupidity.

 

[ernest_t_bass]

but those are terms generally reserved for dogs.

I'm assuming you are not familiar with horses and horse owners?

 

[xylene]

you need to hire a lawyer to understand your own specific legal situation better.

you fundamentally don't even understand that suing someone is not a criminal matter.

 

[ernest_t_bass]

you need to hire a lawyer to understand your own specific legal situation better.

you fundamentally don't even understand that suing someone is not a criminal matter.

LOL. You are 100% correct ... with both statements.

 

[quincy]

I'm assuming you are not familiar with horses and horse owners?

I was actually quite fond of a red-bellied newt we had for a pet but the law would not have considered "Red Belly" (named by one of my kids) a lifelong friend and companion.

I know several horse owners and know that they are likewise attached to their animals but the law would generally not consider these animals as life long friends and companions.

The terms "lifelong friend and faithful companion" are for the most part reserved in pet laws for dogs (and sometimes cats).

Nothing prevents you from seeking reimbursement from your neighbors for your veterinary costs and, if they do not do so voluntarily upon request, you could sue your neighbors for your costs. Your agreement with the neighbors appears to have been limited to you agreeing not to have criminal charges pursued against them if they put down their pit bull - and they put down their pit bull. You cannot, therefore and according to your agreement, seek to have the neighbors criminally prosecuted, unless you wish to breach the terms of your oral agreement with them.