Asked in Animal / Dog Law for Missouri

Q: I live outside of city limits where no leash laws apply to dogs My dog was ran over and killed can I sue driver.

My dogs were outside playing, I live out of city limits on a large farm. I breed highly expensive dogs and I have my own kennel business. My 4 month old puppy was in the ditch playing when a speeding car came through and ran her over without stopping. I live on a 1 mile straight stretch so she had to have seen my puppy playing near the mowed road ditch that’s located on my yard. The driver somehow “totaled” her car and had to have it towed away. I need legal help as the puppy she killed was a $2,800 dog and the driver is trying to sue me for the $800 in damage done to her $3000 car.

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Chesterfield, MO
  • Licensed in Missouri

A: First, I'm sorry to hear that about your puppy's fate. As to your legal situation, I don't know what you mean by stating that the driver is "trying" to sue you. Either a case has been filed (if so, you must defend it) or there has been no lawsuit. Check Casenet. If you've been sued, you could file a counterclaim. If you haven't been sued, you could file in small claims court but expect to catch a counterclaim for at least $3800. You can represent yourself in small claims court or you may hire an attorney if it makes fincancial sense to you.

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