Neighbor's Dangerous Dogs killed my dog on my property. Can we sue?

[Sarah L]

New Mexico. After 7 years of calling Animal Control, I'm tired of being scared, threatened, aggressively forced into my truck, as the neighbor's vicious dogs have killed before. The owner has gone to court for different packs of dogs doing the same actions. This last week, the dogs came into my place and killed my dog. At home. AC has done nothing. But we have a history, evidence, photos of previous attacks, petition, letters. Can we take the nieghbor to civil court?

 

[Just Blue]

New Mexico. After 7 years of calling Animal Control, I'm tired of being scared, threatened, aggressively forced into my truck, as the neighbor's vicious dogs have killed before. The owner has gone to court for different packs of dogs doing the same actions. This last week, the dogs came into my place and killed my dog. At home. AC has done nothing. But we have a history, evidence, photos of previous attacks, petition, letters. Can we take the nieghbor to civil court?

Yes. You can sue for the value of your dog and the vet costs. I'm very sorry for the loss of your pet.

 

[not2cleverRed]

Yes, you can take the neighbor to civil court for the cost of your damages due to the trespassing dogs.

This includes medical and vet bills, as well as the "value" of your late pet.

Sadly, it does not include pain and suffering.

I'm sorry for your devastating loss.

 

[adjusterjack]

After 7 years of calling Animal Control, I'm tired of being scared, threatened, aggressively forced into my truck, as the neighbor's vicious dogs have killed before

7 years and you don't have a gun yet?

smh.

 

[Sarah L]

7 years and you don't have a gun yet?

smh.

When dealing with a violent neighbor with meth and drugs, no, I haven't got a gun to escalate it.

 

[Zigner]

When dealing with a violent neighbor with meth and drugs, no, I haven't got a gun to escalate it.

Taking the neighbor to court will escalate it.

 

[PayrollHRGuy]

no, I haven't got a gun to escalate it.

I'll bet he does.

 

[commentator]

Sadly, anything you do, including suing him in civil court will give him in his mind, retaliation rights. And really, do you have any way to collect a judgment if you get it? If he's a skeev with meth connections and an ugly pack of dogs, I'll bet he's going to turn out to be judgment proof. You say he has "gone to court" before. How did this turn out? Do you know if he was charged, cited, fined on these occasions? When you say "we have got...." who is this? You, your family only, the other neighbors? Letters from whom? Petitions signed by whom? I would recommend you see some local legal counsel to discuss this with.

Seven years is a long time to put up with bad neighbors with vicious dogs, and around here, even if there's a suit it never comes to much except more bad feelings. You sound enraged and totally frustrated, it's probably good you do not have a gun, as people like this are NOT worth the hassle it would be if you fulfill your fantasies and shoot something or somebody. But be sure you discuss with the attorney restraining orders and how to best protect your family if this gets to be more ugly.

 

[Taxing Matters]

Can we take the nieghbor to civil court?

You may sue for the loss, though how much you might win is another matter. Pets in some states are still regarded as nothing more than property like a TV set or chair, with the rule being that your damages for the loss of the property is its fair market value (FMV) right before the property was destroyed or lost. If that is still the rule used in your state then you might not get anything since most pets can barely be given away, much less command a significant price if you sold the pet.

And even if you can get something in a judgment, the next issue is whether you can collect it. Does the neighbor have income or assets you can attach to collect it? If not, then suing would get you nothing.

Sometimes you can't win against bad neighbors and the best remedy is to simply move. Moving is a hassle, I know. I've moved a lot in my life. But the hassle is worth it if the next place is better.

 

[quincy]

Here is a link to New Mexico's dog statutes:
https://www.animallaw.info/statutes/us/new-mexico

 

[Sarah L]

Here is a link to New Mexico's dog statutes:
https://www.animallaw.info/statutes/us/new-mexico

Thank you. This is what I've been hoping for. Much appreciated.

 

[quincy]

Thank you. This is what I've been hoping for. Much appreciated.

You're welcome, Sarah. I appreciate the thanks.

I am sorry about the loss of your dog.