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Dog came in our yard and mauled our cat

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dottiedef

Junior Member
Dog came in our yard and mauled our cat-who is responsible for vet bill?

What is the name of your state?-North Carolina On Sat, July 2nd a new neighbors dog got out of their home and was wandering the neighborhood. It is a large hunting dog. A neighbor who was walking her dog on a leash witnessed the dog attack my cat who was laying in our yard. He picked up the cat and was slinging him around. She yelled and the dog stopped but not until a lot of damage was done. I was not home at the time. The owners of the dog came to our door about 1 hour after the attack and we found our cat and took him to the vet immediately. To make a sad long story shorter, he had very bad injuries and we had him put to sleep(after much agony) the next day. The total vet bill is $680.55. Today we got a letter in our mailbox from the dog owner saying that they had gotten rid of the dog but did not feel they were obligated to pay the whole vet bill since we made the choice to let our cat be an outdoor cat and should therefore realize that we were "subjecting him to all natural predators of these woods"!!!!!! " IT was also our choice to go to extreme life saving measures on a hopeless case." They included a check for $400. I had called them yesterday and told them what the charges were. They did not come over on Sunday or contact us at all to find out the condition of the cat. I always had to contact them. If the cat had lived I probably would have been willing to share the vet bill, but since their dog who was allowed to run loose(not allowed in our county) literally came in lour yard and killed our cat, I think the should pay the whole bill. Can I win in small claims court--can I ask for compensation for pain and suffering? I was thinking if I threatened them with this, they might come up with the other $260.55!!! Thanks for any advice. I have never had to face anything like this before.
 
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You Are Guilty

Senior Member
Here you go:
§ 67-4.1. Definitions and procedures.

(a) As used in this Article, unless the context clearly requires otherwise and except as modified in subsection (b) of this section, the term:

(1) "Dangerous dog" means

a. A dog that:

1. Without provocation has killed or inflicted severe injury on a person; or

2. Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of this subsection.

b. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.

(2) "Potentially dangerous dog" means a dog that the person or Board designated by the county or municipal authority responsible for animal control determines to have:

a. Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or

b. Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or

c. Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack.

(3) "Owner" means any person or legal entity that has a possessory property right in a dog.

(4) "Owner's real property" means any real property owned or leased by the owner of the dog, but does not include any public right-of-way or a common area of a condominium, apartment complex, or townhouse development.

(5) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization.


§ 67-4.2. Precautions against attacks by dangerous dogs

(a) It is unlawful for an owner to:

(1) Leave a dangerous dog unattended on the owner's real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog;

(2) Permit a dangerous dog to go beyond the owner's real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled.

§ 67-4.3. Penalty for attacks by dangerous dogs

The owner of a dangerous dog that attacks a person and causes physical injuries requiring medical treatment in excess of one hundred dollars ($100.00) shall be guilty of a Class 1 misdemeanor.

§ 67-4.4. Strict liability

The owner of a dangerous dog shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal.
Looks like you're out of luck since a "dangerous dog" would have had to attacked a human, not a cat. Cat attacks seem to fall under the "potentially dangerous dog" classification. However, call Animal Control and report the attack. If they classify the dog as "dangerous", then §67-4.4 entitles you to the full amount of the vet bill (sorry, no pain and suffering or other "emotional" damages - in the eyes of the law, a cat is property, like a toaster or some earrings).
 
B

bayouboi66

Guest
Take your case to Judge Judy. She is an animal lover and always makes owners of animals who hurt other animals re-pay vet bills, etc.
 

dottiedef

Junior Member
Someone must be able to help me know who is responsible for vet bill----I feel the owners of the dog are MORALLY responsible, but are they also legally responsible?
 

You Are Guilty

Senior Member
dottiedef said:
Someone must be able to help me know who is responsible for vet bill----I feel the owners of the dog are MORALLY responsible, but are they also legally responsible?
To avoid the possibility of my opinion of you dropping even lower, may I point out that I spent a good chunk of time researching the answer to your stupid question, then posted the results within an hour of you asking. Which part of the post did you not understand? The complete, entire, legal answer is right there for your viewing pleasure.
 
You Are Guilty said:
To avoid the possibility of my opinion of you dropping even lower, may I point out that I spent a good chunk of time researching the answer to your stupid question, then posted the results within an hour of you asking. Which part of the post did you not understand? The complete, entire, legal answer is right there for your viewing pleasure.
I feel you.... I thought it was cased closed after your post but obviously the OP didn't like your answer. They were lucky to have been offered $400, that's more than half the vet bill. If I were them, I'd take the $400 and move on.
 

You Are Guilty

Senior Member
jpritchett81 said:
I feel you.... I thought it was cased closed after your post but obviously the OP didn't like your answer. They were lucky to have been offered $400, that's more than half the vet bill. If I were them, I'd take the $400 and move on.
You're probably right. So, in the spirit of "good neighbor-ness", I formally retract the prior legal answer, and substitute the answer below in its place:

The owners of the dog are completely, 100% liable for every bill you have incurred, and will incur in the future. And not just limited to vet bills - medicine, psychological counseling you'll need to cope with your loss, car insurance for the time you spent driving to and from the vet, gas/electricity for your home during the time you spent mourning your loss, and the supermarket bill for all that Kleenex. Do not accept a penny less. You hit the Lawsuit Lottery here and might also be entitled to have your childrens' college education paid for as well. Please support your local economy and hire a nearby lawyer immediately.
 
You Are Guilty said:
You're probably right. So, in the spirit of "good neighbor-ness", I formally retract the prior legal answer, and substitute the answer below in its place:

The owners of the dog are completely, 100% liable for every bill you have incurred, and will incur in the future. And not just limited to vet bills - medicine, psychological counseling you'll need to cope with your loss, car insurance for the time you spent driving to and from the vet, gas/electricity for your home during the time you spent mourning your loss, and the supermarket bill for all that Kleenex. Do not accept a penny less. You hit the Lawsuit Lottery here and might also be entitled to have your childrens' college education paid for as well. Please support your local economy and hire a nearby lawyer immediately.
Shame on you!!! :p
 

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