our dog was attacked in our own yard

[DogBitesDog]

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

I'll keep this concise. The neighbor's dog (pit bull mix) was running at large and jumped our fence at twilight. He proceeded to maul my dog (small dachshund mix) for a few minutes. I was unable to intervene. My dog sustained substantial injuries: puncture wounds throughout his body and a dislocated tail which needed amputation. Medical bills have totaled approximately $3600. The neighbors have acknowledged that there dog was the one that did this and verbally agreed to "help pay for the medical bills". What are our odds for receiving compensation in full if we end up having to sue them in small claims court?

 

[tranquility]

I'd say it's pretty good.

 

[Antigone*]

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

I'll keep this concise. The neighbor's dog (pit bull mix) was running at large and jumped our fence at twilight. He proceeded to maul my dog (small dachshund mix) for a few minutes. I was unable to intervene. My dog sustained substantial injuries: puncture wounds throughout his body and a dislocated tail which needed amputation. Medical bills have totaled approximately $3600. The neighbors have acknowledged that there dog was the one that did this and verbally agreed to "help pay for the medical bills". What are our odds for receiving compensation in full if we end up having to sue them in small claims court?

Send them a demand letter for the full amount of your vet bills. Give them 30 days to pay. If they don't file your claim.

 

[sandyclaus]

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

I'll keep this concise. The neighbor's dog (pit bull mix) was running at large and jumped our fence at twilight. He proceeded to maul my dog (small dachshund mix) for a few minutes. I was unable to intervene. My dog sustained substantial injuries: puncture wounds throughout his body and a dislocated tail which needed amputation. Medical bills have totaled approximately $3600. The neighbors have acknowledged that there dog was the one that did this and verbally agreed to "help pay for the medical bills". What are our odds for receiving compensation in full if we end up having to sue them in small claims court?

If their dog was running at large, then it should be fairly easy to prove liability.

Was Animal Control called after this incident? Were the owners cited? Do you know if the other dog was properly vaccinated? Will other neighbors come forward as witnesses, to the incident and to any additional times they have seen the dog loose and out of control? (If you haven't looked into this yet, it would be excellent supporting documentation for your case.)

You do realize that as soon as you start talking about suing, then the other party is liable to get quiet or deny any wrongdoing almost immediately. You need to gather all relevant documentation together, and make a formal WRITTEN demand for payment from these people.

 

[csi7]

Pictures, dates, times, and all evidence that can be documented needs to be done as well.

 

[DogBitesDog]

I called animal control and the dog's owner was cited for allowing the dog to run at large, failure to leash the dog, and the mauling. The next door neighbor saw the attack happen. I'm not sure if this dog has run at large previously. I have no pictures of the actual dog in my yard, but I do have pictures from the surgeon and pictures after his surgery. I haven't suggested that I would take them to court if they do not pay.

I will do as suggested and write a demand letter requesting payment for the medical bills. Does anyone know where to find this type of form letter? I'd like to make sure I write it properly. Do I mention in the letter I will take them to court if they do not pay or simply give a deadline for expected time of payment?

 

[swalsh411]

It doesn't have to be fancy. Give them copies of the bill and a letter saying you will pursue futher legal action if not fully reimbursed within 30 days. Do not accept any type of payment plan. That will just drag it out.

 

[DogBitesDog]

I had a very brief consultation with a lawyer who said I needed to be careful with exactly that type of wording. He suggested it may be interpreted as blackmail/extorsion (I forget which) if I threatened legal action if they do not pay. Should I leave out the latter part altogether?

 

[tranquility]

That's why such demands often use the phrase, "or, I will have to explore my legal remedies".

 

[TinkerBelleLuvr]

You have the LEGAL right to pursue court if payment is not made. That is NOT extortion.

Look for verbiage that is something in the line of, "if payment of outstanding bills are not paid within 30 days, then I will take it to court to address the issue."

It just means that you totally expect payment of said bills since it was THEIR dog that attacked yours.