Q: my dog was laying nest to my house were we park our car and was hit by a neighbors friend. Do have a right to sue them?
They broke her leg. do I have any rights as the owner?
A: I assume your dog was on your property and not your neighbor's property. You won't be able to sue your neighbor unless you could prove your neighbor was somehow negligent or had trespassed. You could sue your neighbor's friend for negligence and trespass. Under trespass theory, you can get non-economic damages. Do you know who the neighbor's friend is and whether this person has auto and/or home insurance? Normally, before filing a lawsuit, you send a demand package to an insurance company and/or the at-fault party including a letter outlining the legal theories and supporting documentation of the damages. In this case, your damages are, an injured dog with associated medical bills and any non-economic damages for your emotional distress because of someone trespassing on your property.
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