Neighbor's Dog Mauled my Kitty to Death

What is the name of your state? California. I'm in tears as I type this. Yesterday, the next-door neighbor's dog mauled our Siamese, Bonkers, and killed her.

These are new neighbors, who just moved here three weeks ago. Their dog is very large -- St. Bernard sized, but I'm not sure what type of dog it is. It looks somewhat like a Chow. The owners have been allowing their dog to run throughout the neighborhood, and there is a strict leash law in this county. This is a small, mountain town (3,000 population) which has Leash Law signs posted on almost every street, including ours, which also happens to be a cul-de-sac (so the dog's owners couldn't have missed all of the signs).

Here's what happened:

We decided to let Bonkers out for some fresh air as it was the first nice-weathered day this week. We put her in the penned area directly off of our family room. Mom was trimming the Christmas tree, when we heard a commotion. This beast of a dog had come onto our property (the houses are spaced pretty far apart up here), entered our animal pen, and mauled Bonkers. Mom saw the dog with Bonkers in it's mouth.

Mom went after the dog, and he dropped our cat. Mom run to our cat, who was laying in the dirt, motionless. She had several puncture wounds in her sides, and her neck was broken. Mom was trying to resusitate her, but then realized that Bonk's neck was broken, and that it was too late.

We called Animal Control, and had then come up and fill out a report. They went to the neighbor's house, and told them to either keep their dog fenced or chained.

Our entire family is completely devasted, and outraged. I don't have enough space here to tell of Bonkers' heroism and how she touched the heart of every member of our family. We've had several cats, and believe me when I tell you that there was no other cat alive like Bonkers. She was very special.

What are our legal recourses? I've heard of cases of pets being mauled by other people's animals, and the damaged party usually receives some form of compensation. Although in the case of a lost pet, as opposed to a lost family member, the judgement would not be much (rightly so). It's just that we never saw Bonkers as a "pet". She was just as much a beloved member of our family as our human relatives. She was also a very dear friend who didn't deserve to have her life cut short due to someone's else negligence.

I do wish to seek damages, but didn't know if I should only attempt this matter in Small Claims, or if I could possibly have this resolved through Municiple Court.

I wish to thank those in advance for their responses. This is going to be a very sad Christmas for us this year.

Crushed in California,
WickedWahine

have the dog owners said or done anything following the attack?

No. They could simply be trying to give us some time to calm down. Although, if the roles were reserved, I would DEFINITELY apologize, at the very least. I love animals, and would be heart-sick if someone else's pet had died.

It's been over 24 hours, and they haven't said anything to us.

My response:

First, with the exception of the Criminal courts, there are no more "Municipal Courts" in California. The courts have been "Unified" and are all now referred to as "Superior Court" - - either Limited or Unlimited jurisdiction - - depending upon the amount in controversy.

I'm sorry about your cat. I realize that a cat, or dog, or bird, or whatever, can become equal to, or as much a part of, any other family member. It hurts, and I've been where you are now.

That being said, and with the exception of some criminal statutes in California, the fact remains that cats, dogs, birds, and all other types of animals, are just considered as "personal property" - - not unlike your car, your television set, or anything else.

Therefore, unless your cat was a "show" cat, or a "breeding cat" for which you were making a profit, your measure of damages from your neighbor is just the "reasonable value" of a cat at your cat's age; e.g., it may only be worth $50.00 to $100.00.

You'll need a professional estimate from someone who sells cats to give you a written estimate of your cat's value.

You have the right to give that estimate (a copy only) to your neighbor, along with a demand for payment (i.e., your damages are the "reasonable, fair market value" of your cat).

Then, if the neighbor refuses to pay, or ignores you, then you can file your claim for damages in Small Claims court.

You are NOT legally entitled to "pain and suffering" for the loss of your cat - - only its "fair market value" at the time of its death.

Again, I sympathize with you, and your feelings of loss.

Best of fortune to you.

IAAL

it would really be sad if that dog was hit by a car one night or was found to have committed suicide.

Thank You both I Am Always Liable and Stephenk.

IAAL, what you said about personal property and fair market value makes sense, even if I don't feel the amount I would seek could ever equal the love I felt for Bonkers -- because that would be priceless.

Bonk was a Seal Point Siamese. Although we never had pedigree papers for her, she was an expensive kitty. I'm sure that I could get an estimate or two from a breeder.

Stephenk, I love your sentiments! I'm a person who believes very strongly in karma. While I personally could never hurt another animal, I do believe that the "cosmos" or God or even nature (whatever one believes in) has a way of balancing things out. What comes around, goes around. There are coyotes, bears, and even mountain lions in these parts. That dog's days are numbered.

Bless you both.

Wick

aloha

i want to tell you that i am so sorry for your loss, i have a kitty myself and would be totally devestated as well. I am not from Ca but i would think that you could show that the dog is a hazard to the community because of its violent nature? it should hold that the animal attacked without any provacation and therefore is a danger-- although it hurts to lose a pet -- what if a child was in the yard and the dog attcked him/her-- the dog doesn't sound to me to discrimante when it comes to attacking anything? animal control should have noted that --you think?

Those are my thoughts exactly. We have a 6 year old child living here (my nephew).

The Animal Control officer walked over to the neighbor's to warn them to keep their animal either fenced or chained at all times. When he returned, he informed us that the dog barked at him several times, and then began "wagging his tail" at him as he approached their front door. Based on this behavior, the Animal Control Officer felt that the dog would not be a threat to humans.

Of course, the size between a full-grown man (plus this officer was pretty tall), and a 6 year old child is quite significant. This officer didn't seem pretty bright. I can only guess that he doesn't have a small child at home.

Wicked, I am very sorry for your loss. I have a dearly loved kitty and would be devastated if something like this happened to her.

That said, the neighbor's dog was only doing what dogs and most animals do - hunt. It's the same thing Bonkers would have done to a bird, chipmunk, or mouse if he'd spied one in the yard. The dog killing your poor kitty doesn't mean he is mean or vicious or would attack a child. The problem is the animal's owners who didn't keep their pet fenced in.

I hope your neighbors have the good grace to come over and beg forgiveness for the loss caused by their carelessness.

Nah dont bet on it DAWG owners are scum, and they will let their DAWG run all over the neighborhood again, so call animal control.....

beat the dog do anything to get even, call animal control then see if you can have them arreste the owners.

Dont worry will they take care of their property the same way they take care of their DAWG.....they will destroy it!

Oh...I am so, so sorry for your loss. I, too, have a beloved cat(s) (and dogs) and would be absolutely devastated if that happened. I love animals and volunteered at the SPCA and therefore have some knowledge about some animal control issues with respect to public health policy, pet leash laws, pet limit laws, and more specifically as it relates to your case -- rabies. The AC officer did require that owner to show proof of current rabies, didn't he? That is a big issue in our state. You had very close contact with Bonkers afterwards, and it would be important (and in fact required) for the AC officer to establish that "no risk of rabies transmission" occured. With respect to the owner of the dog, he was in violation of a town ordinance for which you should require the town to take up with him to your satisfaction, to include imposing citations upon this owner for violation of the leash law ordinance. Chows and Chow mix dogs are at the top of the list, behind pits and rotts, for inflicting serious and sometimes deadly injury to animals AND children. You could use this to push your case.

Again, I am so sorry about Bonkers. I know you are purely devastated. When I was about 13 years old, we had a siamese cat named Sam, who was 15 yrs. old (older than me at the time). He lost his life when two dogs attacked and mauled him on our back porch. I think it took me years to get over it, and today I still can't believe he lost his life that way. It's such a horrible thing to have happen to such a loved creature. My thoughts are with you.

hmmbrdzz

I haven't been able to access the Internet for a couple of days due to the series of storms that have been rampaging through Northern California (my cable modem was out). I've been wanting to say:

THANK YOU to all for your kind thoughts and responses. I have been feeling rather lonely with this great loss in my life, and especially at the holiday time. It's hard to be festive right now. It's comforting to know that there are kind people out there in this great big world who sympathize and understand.

Gratefully,

Wicked Wahine

WickedWahine_01 said:

I haven't been able to access the Internet for a couple of days due to the series of storms that have been rampaging through Northern California (my cable modem was out). I've been wanting to say:

THANK YOU to all for your kind thoughts and responses. I have been feeling rather lonely with this great loss in my life, and especially at the holiday time. It's hard to be festive right now. It's comforting to know that there are kind people out there in this great big world who sympathize and understand.

Gratefully,

Wicked Wahine

Click to expand...

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My response:

You're welcome. But, what has been happening in the meantime? Did you get an estimate for the value of your cat? Did you present a copy to the neighbor with a demand for payment?

IAAL

Here's a pretty good "cat" site, I think. Although I have cats and love them dearly, the "main furry man" in my life is my Boxer, Ivan, and I'm pretty "addicted" to a Boxer forum dedicated to rescue and adoption and just exchanging "dog stories". On our forum, the people are absolutely nuts about their dogs and give gobs of support to people who visit and/or become members (free). There are also very knowledgable people on these sites that have dealt with legal issues that you may find some additional info from. These sites also have a place called "Rainbow Bridge" (you may be familiar with it). It's dedicated to those who have lost their "Furkidz" (as they're affectionally referred to). You may want to check it out. Best of luck to you. I know it's extremely difficult this time of year, so hang in there. This site is just one of 1000's.



http://www.thecatsite.com/forums/

Second site -- much better (probably kind of sad for you at this time, but has good links).


http://home.mindspring.com/~missyagogo/cats/kiki.html


hmmbrdzz