My dog was attacked through a fence by another dog. He sustained multiple injuries. I did all I could to free him from the 3 dogs grip but he was still injured. The owner of the dogs now refuses to pay the vet bills.What legal action can I take?

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My dog was attacked through a fence by another dog. He sustained multiple injuries. I did all I could to free him from the 3 dogs grip but he was still injured. The owner of the dogs now refuses to pay the vet bills.What legal action can I take?

I was playing fetch with my two dogs in my yard that is next to my neighbors yard. While my dog was retrieving his ball five other dogs were released in their yard. Somehow they got a hold of my dog and tore into him. I ran and help onto my dog for dear life while attempting to get him released. Screaming on the top of my lungs for help. Eventually they released their grip and I rushed my dog to the ER. I filed a police report. The police gave my info to the owner of the other dogs without my consent resulting in a phone call from him. After going over the facts with him I requested him to pay for the vet bills. He stated absolutely not. I proceeded to say that our conversation had ended. He called me back and attempted to argue with me again I restated that we no longer had any more to discuss. I need compensation for the vet bill in the very least.

Asked on July 28, 2017 under Personal Injury, Montana

Answers:

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

Answered 3 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).
If the dogs had a history of attacking, you can also include a separate cause of action (claim) in your lawsuit for strict liability.  Strict liability imposes liability whether or not due care was exercised.
Your damages (monetary compensation you are seeking in your lawsuit) would be the vet bill. 


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