Q: Can I sue for dogs killing my cat on my property?
Someone's dogs entered my property and killed my cat. We haven't found all our cats yet. The dog's owners were aware their pets were loose. We have not filed a report yet, but my mother heard the incident, and our neighbors have surveillance cameras that likely captured the event. We haven't communicated with the dog owners yet, and I'm not familiar with local animal laws. Am I able to sue them?
A: Yes, for the fair market value of the deceased cat and any vet bills incurred due to the incident. Unless the cat is some kind of high-priced purebred, the FMV won't be much. Perhaps a monetary demand to the owner will result in amicable resolution, so that you won't need to sue. It's important in this kind of situation to report the incident to animal control, which will likely issue a citation to the dog owner - which could result in a fine (but no compensation to you). However, do NOT threaten to report to animal control to try to induce a settlement - that could be a crime on your part. Simply report, and afterwards, make your demand.
Barry W. Kaufman agrees with this answer
A:
Sure. But here's the thing. Unless your cats were a rare breed, there's no money in it. Cats are property, like a bicycle or a desk. You can't sue for pain and suffering or emotional distress regardless of how sad you are that the cats were killed. MAYBE you can sue for trespassing, but again, no money in it.
I have 7 cats. I'd feel terrible if any of my cats were killed by a dog, run over by a car, etc. I'd want to string the owner of the dog up by his ears. Maybe you can get a few bucks on the judgment, but then you have to collect it, and that can be a challenge because no lawyer is going to be interested in the lawsuit or collecting the judgment. There's no money in it and it would cost you much more than its worth.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
