Q: Can I win a case against my neighbor for their Doberman attacking and killing my dog?
My neighbor's Doberman came into my yard and bit my 10 lb Pomeranian on the neck, resulting in my dog's death. My dog was on a leash being held at the time. The incident cost me $800 plus additional expenses. The Sheriff came out, and I have a police report, but Animal Control did not respond. My neighbor refuses to pay for the damages, and there are two witnesses. Can I win a legal case against my neighbor?
A:
Unless you were on your neighbor's property, the Doberman was NOT under its owner's control when it attacked your dog, so your neighbor IS responsible. Animal control CANNOT choose not to respond to an animal attack. Go to animal control and demand that they prepare a report. Did the police respond? If so, take a copy of the police report to animal control. If your neighbor has no homeowner's or renter's insurance OR they work "under the table," There may be no way to collect on your judgment.
Worse still, the Pomeranian was probably treated like a member of your family causing significant pain and suffering. Unfortunately, Illinois law recognizes pets as chattel. That limits your damages to your veterinary bills and cost of a new puppy.
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