• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

neighbor's negligence leads to death of pet

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

wpkmommy

Junior Member
What is the name of your state?Georgia
We moved to a new house in June 2003. We were very excited about the beautiful neighborhood.
We eagerly moved our children and best little furry friend, Pugsley, into our new home, with a fence. A great place for Pugsley … we thought. Well, recently we faced a tragedy that could and should have been avoided.
We have three wonderful children and one smart, obedient, friendly, and downright adorable Pekingese. Pugsley was our first “son.” He came into our lives seven years ago and has been through many trials and tribulations with us.
If you are an animal lover, you know where I am coming from. My neighbors, though, you see, are not much the animal-loving type. They have a dog - a poor, lonely, neglected dog.
When their puppy came bouncing in a few months ago, things became quite puppy like. We would walk out and find stray items on our steps, car seats and toys gnawed on, and destroyed decorations. But as dog lovers, we mentioned the mess making no fuss, assuming our wealthy neighbors would cease these incidents.
No! It only got worse.
Their poor dog, in search of attention, began getting into our fenced back yard with Pugsley. The lab puppy was growing rapidly and we were very much worried about Pugsley’s well-being and mentioned this issue many times. They assured us a fence was coming and the puppy would be at bay.
They did install some kind of faulty invisible shock fence, but this brought no resolution and the puppy was now strong enough to knock the slats out of our wooden fence. We informed them several times that their invisible fence wasn’t working - now worrying Pugsley might get out in the road.
Once again, we were assured of immediate action. We heard all the excuses: I am working on the fence. It will be taken care of by tomorrow. The batteries are low. No one was home. He broke out of the barrier. And many more. None of course ever helped to provide resolution.
Well, January 8th, just as we were leaving for a family outing, Tommy (my husband) went to tell Pugs bye and leave him a treat. Pugsley was gone. But the puppy was close by, with the slats in our fence pushed aside again.
We frantically searched. Tommy set out in the car and I - with our two boys in tow and our daughter waiting patiently in her carrier by the door - went around and around the house yelling and searching for our best friend. Our oldest son, only a preschooler, yelled right along with me. We both knew at any moment, Pugsley would come running right at us.
With no luck I headed back in to call Tommy. He answered, but couldn’t talk. He was not able to speak a word … but I knew. I knew. I ran out into our driveway and screamed my lungs out, while my husband picked his lifeless best friend up off Walnut Avenue.
We knew Pugsley was very dear to us, but we never imagined the grief his death would cause. This was the worst weekend ever. We are heartbroken - completely heartbroken.
As we search for a new playmate and a way to tell our preschooler about his dog, we wonder…where are the loyal, friendly, and respectful neighbors my parents and grandparents grew up with? I wonder, where have those true NEIGHBORS gone?
And how did we get stuck with ours?


we are seeking cost of damages including pet. we have sent two demand letters. one without date to be completed. 2nd (after no reply) with date and stating next actions (filing a claim).

immediately following incident they accepted blame and offered to buy new dog, but after a few days once we sent demand letter, no response.

we do have leash ordinances in our city. not always or even seldom enforced.

what are our chances? do we need a lawyer? what can i expect in court?
 
Last edited:


JETX

Senior Member
wpkmommy said:
what are our chances?
That depends largely on what you are claiming their negligence was..... and how well you can present your claim against their presumed defense.

do we need a lawyer?
Probably not. See above.

what can i expect in court?
If you prevail, you can 'expect' the fair value of a dog. No matter how 'human' this pet was to you and your family.... in the eyes of the law, he is just simple, plain old 'property'. And worth just that.
 
S

seniorjudge

Guest
"...They did install some kind of faulty invisible shock fence, but this brought no resolution and the puppy was now strong enough to knock the slats out of our wooden fence...."

You have to realize that y'all were contributorily negligent also; putting Pugsley out there after you knew this was your negligence.
 

wpkmommy

Junior Member
negligence

we have kept Pugsley in the fence since June 2003, except for one week during illness, we brought him in. we had never had a problem. their negligence to abide by the city ordinances pertaining to confinement, enabled him to be hit. we rent our house from my in-laws and they did not particularly want Pugsley inside. we had fixed the fence each time after the dog would knock the slats out and again let them know, they would then promise again to take care of it. but he would come back over and nudge and nudge until he knocked them loose again. i am home most always and usually caught the dog soon after if not in the middle of knocking out slats. but it was too late the 8th.
the day before the incident, i took their lab back to their yard and chained her up. they brought my leash back over and said the batteries were dead but were going to repalce them right then, guess not.

this is what i asked for in the demand letter:

Damaged Property
Interra Convertible Car Seat $139.99
Halloween decorations – large cat and pumpkin lights $74.94
Car seat toys (bugs on board $8.99, Lamaze: knot block $36.97
12.99, busy bug stroller bar $14.99)
Step 2 push around buggy $39.00
Pet Loss Recovery
Average cost for purebred Pekingese $547.22
Cost of spay/neuter for new puppy $136.50
First shots and exam for new puppy $47.00

should they not be expected to pay for all damaged property?
i came to the average cost of peke by getting 18 off the internet, is that okay?
i have no idea what to expect in court. should i pursue this?
they actually got a puppy the year before and it destroyed a large shrub in our yard, and they said they would pay for it and still have not.
thanks for your replys. i appreciate any suggestions and responses.
 
S

seniorjudge

Guest
Sue them for whatever you want.

Let the judge sort it out.
 
You have to realize that y'all were contributorily negligent also; putting Pugsley out there after you knew this was your negligence.

I agree with the Judge.
 

wpkmommy

Junior Member
thank you for your reply.
our neighbors dog was coming into our yard, and knocking down our fence and i am suppose to feel responsible. the fence he was knocking down did not touch his property, it starts in the middle of our yard. so, you think we should not be able to keep a dog in our fence. i am suppose to take care of my children, my dog, and then also make sure any neighbor dogs aren't trying to get on my property. we have animal ordinances in the city and they were broken over and over. you are right that this would not have happened if he was an inside dog, but Pugsley was a large pekingese who was miserable when not allowed to run around. if you own a dog, are you not responsible for what it destroys? is your dog not your responsiblity? does that mean i should have walked and groomed the dog too, since they didn't? what if the dog had knocked down the fence and bit one of my children?
i need pointers on small claims court.
 

wpkmommy

Junior Member
does anyone have any specific suggestions or advice about taking this to small claims? i have no idea.
has anyone heard of animal situation as such before?
please and thank you
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top