Can you sue someone if their dog attacks and kills your dog?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can you sue someone if their dog attacks and kills your dog?

Asked on December 11, 2012 under Bankruptcy Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue the dog owner for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable dog owner would have exercised under the same or similar circumstances to prevent foreseeable harm).   Your damages (monetary compensation you are seeking in your lawsuit for negligence) would be for the value of your dog.  If your dog incurred vet bills as a result of being attacked by the other dog, your damages would include compensation for the vet bills.

If the other dog has bitten or attacked in the past, your lawsuit against the dog owner would include (in addition to the negligence cause of action), a separate cause of action for strict liability.  A cause of action is a claim.  Strict liability imposes liability regardless of whether or not due care was exercised by the at-fault dog owner. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption