As a personal injury lawyer, one of the most common questions I receive is whether or not someone can sue if their dog is attacked by another dog. It’s understandable why people want to seek justice in these situations. Our dogs are like family to us, and when they are viciously attacked and injured, it’s only natural to want to hold someone accountable.
Dog-on-dog attacks are unfortunately quite common. According to the VCA, attacks by other dogs are the most common reason for emergency veterinarian care. So what are your legal options if your dog is attacked? Let’s delve into the details.
Dogs Are Considered Property Under the Law
The good news is that in most dog attacks in Maryland, dog owners are responsible for the damages caused by their pets. If the owner of the attacking dog is found negligent in controlling their animal, they may be liable for the expenses related to treating your dog’s injuries. This can include veterinary bills, medication, or other necessary costs. You have the right to file a lawsuit against the dog owner to recover these damages.
However, there is a caveat. Dogs are legally considered personal property. While you may view your dog as a beloved family member, the law treats them differently. This means that the monetary damages you can receive if your dog is injured or killed are limited. You can only sue for the cost of repairing or replacing the dog, not for emotional pain and suffering.
Example of Dog-on-Dog Attack Damages Case
To illustrate how this works, let’s consider an example. Imagine your neighbor has a pit bull that is known to be aggressive. One day, the dog gets loose and attacks and kills your golden retriever in front of your family. Your neighbor had a responsibility to keep their dog contained, so you can definitely sue them for negligence. However, you will only be entitled to damages for getting a new dog. Emotional pain and suffering are not included in the compensation. If your dog is injured but not killed, you can claim damages for vet bills as long as they don’t exceed the cost of getting a new dog.
It’s important to note that these limitations on damages only apply to economic losses, not pain and suffering.
What Maryland Law Limits Your Recovery in a Dog Attack?
Maryland law restricts the damages you can recover in a dog attack case. Under Section 11-110 of the Courts and Judicial Proceedings Article, pet owners can seek compensatory damages for injuries or death of their pets. Compensatory damages include the fair market value of the pet before death and the reasonable and necessary cost of veterinary care. However, the maximum amount that can be awarded under this law is $10,000, and it does not cover pain and suffering.
How Do You Prove the Other Dog Owner Was Negligent?
If you want to sue the owner of the dog that attacked your pet, you’ll need to prove their negligence. This typically means demonstrating that they failed to properly control or contain their dog. The circumstances of the attack will determine the level of negligence. For instance, if your small dog aggressively charges a leashed larger dog who is under control, it may be challenging to prove the other owner was negligent. However, if the owner negligently allows their dog to escape and attack yours, you have a stronger case.
Representing yourself in a dog attack case can be complex, especially if you’re claiming damages above $10,000. It’s important to familiarize yourself with the relevant rules and procedures. However, finding a lawyer may be difficult or costly. If you decide to proceed without legal representation, educate yourself on how to build a strong small claim case.
Frequently Asked Questions
Q: Can Pawsoha help me recover for my dog’s injuries?
A: While Pawsoha is dedicated to helping animal lovers, their focus is on personal injury cases for human victims. They cannot assist with recovering damages for dog attacks.
Q: What should I do after my dog is attacked?
A: First, report the incident to your local Animal Control. This ensures that proper action can be taken against the other dog owner if necessary. Additionally, consider sending a demand letter to the other owner, requesting compensation for the attack. If these steps do not lead to a satisfactory resolution, you may need to file a complaint in the appropriate civil court.
Q: How can I prove negligence in a dog attack case?
A: To prove negligence, you must demonstrate that the other dog owner failed to control or contain their dog, leading to the attack. The strength of your case will depend on the specific circumstances surrounding the incident.
Conclusion
While it is possible to sue someone if their dog attacks yours, the damages you can recover are limited. Dogs are legally considered personal property, which means compensation is generally restricted to economic losses such as veterinary bills or the cost of replacing the dog. Pain and suffering are generally not included in these damages. Understanding the legal limitations and proving negligence can be challenging, but it’s important to seek justice for your beloved pet.
Pawsoha understands the deep bond between humans and their pets and aims to provide valuable resources to pet owners in need. Although they specialize in personal injury cases for humans, their commitment to animals and their well-being shines through in their informative content.