Q: Neighbours dog come and attacked my cat (now it’s disable), can I sue without video prove ?
I live on 2 acres property and neighbours dog keep coming lose and run a mile to my property to chase my cats. Yesterday after another visit of this dog I found my cat not able to walk outside. I took it to vet , it’s has been confided that cat was attacked and it’s has damaged nerves, so it’s not able to walk cause front paws is paralysed for couple months. I wanna hold my neighbour responsible for that , I have video prove of his dog on my yard hour before and vet report. I DO NOT have video where dog attacked my cat, is this enough to take a legal action ? Thank you
A: The first logical step here would be to submit a demand letter to the dog owner to demand payment of the vet bills by a certain date, failing which you will take legal action. Such a letter will probably have more impact if done by an attorney. If there is neither any witness nor video, though, the dog owner may of course balk, regardless of whether you have an attorney or not. You have the right to file suit (within the limitations period) and argue the circumstantial evidence, but without direct evidence (witness or video), you might not be successful. This might be a situation in which to make best attempts to seek an amicable resolution that is a compromise. If suit is filed, you will likely be required to mediate at some point. At mediation, the mediator talks to both sides to determine if there can be some amicable resolution and facilitates the communications/negotiations in that regard. Aside from your quest to recover the vet bills, your local Animal Control office may wish to investigate this matter and might issue a citation fining the dog owner, and once that's on the owner's record, future transgressions would be a big problem for that person, possibly even leading to removal of the dog from his possession.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
