JoviGirl27 asked in PetsDogs · 1 decade ago

Can my neighbors sue? A dog attacked theirs?

I know the question sounds stupid but here the situation. I'm sorry, but this is going to get a bit lengthy.

Yesterday my neighbor (we'll call her Sue) and her mom (we'll call her Sue's mom) were walking Sue's dog Tess. Tess is a little dog, with fur that wont bother allergic people. Sue's finance was at home with Sue's father. Sue and her mom went out to walk the dog. Sue and her finance walk their dog atleast 3 times a day. So while they were walking, a HUGE German Sheppard came out of no where and attacked Tess. Tess didn't do ANYTHING that would've mad the other dog mad. They were JUST walking. The German Sheppard clawed and attacked at Tess. Mind you, big dog VS small dog. Sue was yelling and trying to get the dog to stop, but he wouldn't. By now the German Sheppard was ontop of Tess. Sue's mom sat on the German Sheppard horse-style, but it wouldn't let up. Then after Tess was mauled, the owner came out and grabbed the German Sheppard by its tail. It stopped and they left. This was the THIRD attack that dog has caused. They put the German Sheppard to sleep hours after the incident happened. Now, poor little Tess has been at the vet after since the accident. Sue rushed her there, and shes still there now. Sue and her fiance have been visiting as much as they can; they will do ANYTHING to keep their baby alive. It tooks them MONTHS to finally get a dog; and I just know they will be crushed without her. Heck, their devastated now. To make matters worse, they are getting married next Saturday...

They were wondering if they could sue the German Sheppard owner or not? Would they likely win?

Personally, I think they should get every penny that scum bag owns. He should of put his dog down after the FIRST or SECOND accident! Hm, anyways, opinions and answers, please? :)

Thanks for taking the time to read this,

Krystal, "Sue and fiance" and little Tess xoxo

Update:

Yes, Tess was on a leash.

23 Answers

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  • Anonymous
    1 decade ago
    Best Answer

    Absolutely they can sue, and they will win.

    They have a solid case in that their dog was on a leash and the attacking dog was loose.

    Also that the attacking dog has a history of being loose and attacking other animals.

    I hope their little dog makes it.

  • 1 decade ago

    If Tess was on leash, then the GSD owner is financially responsible for all of Tess's veterinary care. They'll probably have to sue him to get it, however.

    There are leash laws in every state. The GSD should NOT have been outside off leash and out of it's owner's control. So, it's illegal for the GSD to have been off leash. It's illegal for the owner to allow it outside totally out of his control.

    If Sue was paying attention, she should know where the dog came from, as it's a large dog and did NOT come "out of nowhere". But that doesn't excuse the dog attacking Tess. Contrary to your belief that Tess did nothing, you don't know that for sure. Still, that doesn't excuse the GSD's attack.

    The incident should be reported to Animal Control and/or the SPCA so there's a record of it, especially if this owner has other dogs.

    I'm amazed that Sue's mom tried to mount the GSD. That was an interesting way to stop the attack.

    Now the owner of Tess needs to contact an attorney. The GSD was put down beause the owner knew this was it's "3rd strike" and possibly the Animal Control had warned they'd take the dog if there were any further attacks. The owner of that dog was highly irresponsible to allow the dog to run free. -!-

  • Aw that's awful. I really hope the small dog is doing good and makes it. Yes they should sue the owners of the german shepherd and yes they would defiantly win the case.They will have to pay for all the vet bills and stuff too.

    I have a story here I will hurry and tell you its about the same thing.

    I was at the vets with my dog a while back and I over heard the vet and a patient talking. Well a women brought her dog to the vet because it was killed by a huge german shepherd. The little dog was a poodle and the women left her dog outside to go pee and the german shepherd came in there yard and attacked and killed the little poodle. And the vets were writing everything down so the guy would get in trouble and they were taking it to the police. So for Sue and that family tell them to defiantly sue the owners of the shepherd.

  • 1 decade ago

    yes, they should sue and yes they will win! Well, rereading this I do not see anything about the small dog being on a leash. It should have been. They should still sue but may only get partial judgement.

    Okay that makes things very strong for Tess' owners. another question, was tess on a private walkway(sidewalk) or was she in the other dogs' yard?

    I hope Tess will survive this brutal attack.

    Yes make sure there is a police report on the matter as well as reporting it to animal control.

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  • 1 decade ago

    Of course they can sue for damages. Cases like this are always on Judge Judy & the People's Court. Every town has a leash law, and if Tess wasn't on the German's property, the owner of the German must pay the vet bills.

  • 1 decade ago

    i think so. the owner knew the dog was probably deemed "vicious" by the county or should have been and since he attacked the other dogs they should win there no doubt bout it now if they were trespassing then the dog was only protecting his property like he should. but german Sheppard's are very territorial dogs so in the dogs mind he was just protecting. but that kind of same situation happened by my house 2 little mixes got attacked by a neighbors shep and they sued because they were just walking and the dog was off leash and they won so they have a good chance! good luck to everyone and to Tess hope she gets well soon!

    Source(s): Dog Groomer
  • Penny
    Lv 4
    4 years ago

    No report was made and no files were charged? Time limitations on these things are different everywhere - but usually you have around 48 hours to make a report, and after that you're sh*t out of luck. So I wouldn't be too worried about it. I mean if they didn't seek medical attention for their dog, there isn't much they could sue you for. Please make sure that you keep the dog on a leash, or have it trained - the only one that will suffer in the end of a situation like this is your dog.

  • Anonymous
    1 decade ago

    I would sue. I don't know where you are, but here in Aust we report these incidents to the local council and they them press charges on your behalf. If you want compensation to re cope money for medical expenses etc. You need to file a civil case against them. But if the case is going to court already, you can file for damages there.

    Speaking from personal experience, I'm going through a case at the moment. A stray dog ripped my cat off the fence on my property and shock her to death. She was a rare cat, solid ginger female, 12 years old, and my 8 year old daughter is now in councilling cause she saw the whole thing and can't sleep at night in fear of this dog. I'm demanding the dog be put down because the owners are irresponsible and I'm also demanding that they not be allowed to own another animal for at least 3 years.

    Good Luck, no one really knows what it is like to be a victim of a dog attack until it happens.

  • Karen
    Lv 6
    1 decade ago

    They can absolutely sue for any veterinary bills etc this dog caused.

    This dog obvioulsy has a known history of attacks and was in the end "put down". I'm sure the council or relevant government body was aware of this dogs behaviour and may act as witnesses for "Sue and her fiance".

    PS - Hope Tess gets better, they sound like they really love their little pup.

  • 1 decade ago

    They could sue the owner of the G. Shepherd to cover that vet expense that put their dog there because of the shepherd.

    I know around here, after a warning, the owner has to have his dog confined in a pen(enclosed on top, bottom, sides) and have to have the dog neutered/spayed and be on a leash/muzzle while out in public. After the warning is a fine after the fine the dog is taken away and if the behavior can't be cured the dog is euthanized.

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