Civil/legal opinion?

[TRITC]

Civil/legal question here. First thing...I already have the legal advice disclaimer, just trying to get some opinions.

Situation is...neighbors dog gets out of the yard and attacks my dog in our yard. I had to pop their dog pretty good to get it off of my dog. Find a puncture wound on my dogs neck. Take him to the vet and they find another one on a back leg. Bill comes out to about $386. I reported the attack to the police and their dog is now formally registered as a dangerous animal.

I checked into court fees and it looks like it would be $320. I understand that we could try to persuade the judge to have the neighbor pay for the court fees as well as our bill. I had already confronted the neighbor about the attack but he is a J E R K and I don't think he will willingly pay the bill without being forced to.

So question is, do we go after him in civil court and risk paying even more? Are there any other options?

For me it's not so much the money but the ethics of the situation. I would really like to teach this guy a lesson (though in all likely hood he is probably beyond learning). I just hate letting people like this slide through life dumping on everyone else around them and not being confronted or feeling the consequences of their actions.

We aren't the only neighbors to have had their dog attacked either. Though unfortunately the other neighbor did not file a report at the time (happened twice).

Thoughts/opinions???

TRITC

[Dave S]

I'm no lawyer, but I would say that he acted with negligence by not having his dog secured on his property. You should be able to recoup your court costs as well.

Not sure if you're in city limits or not, but that dog would've gotten a bullet in my yard.

[MontanaMax]

See if you can get info on the neighbor's Homeowner's carrier, as many policies cover these types of incidents.

[RebelSS]

Conciliation court. (Small claims) You can recoup the court costs and filing fees, also. Filing fee in Southern Minnesota is (Was) $45.00 Have copies of the police report and ICR# and your veterinary bill with the dates and reasons for actions listed. Have taken this route twice; won both times. However, when you win, the court executes a judgement for your neighbor to reimburse you for all associated costs.However, they cannot make the neighbor pay..you need to pursue that yourself, and may have to resort to other legal means to garner monetary satisfaction, although this is usually not necessary.

[CJH]

I'd talk to the neighbor civilly and give two options:

A) Pay the med bills have have him fix the fence or whatever is not keeping the dog in his yard. (Give a date payment has to be made by and what you will accept - cash, cashier check, etc..). Tell him you will write him a receipt when the check clears the bank.

Take him to court and go after all bills and fees, which will cost him more. Plus he will have that judgement on the record in his name. Agreed Conciliation court would be the route to take.

If this guy is a jerk its going to be tough to get your money either way. That's why I would give him the chance to pay up front for less money, kind of carrot vs stick deal.

One last note, I would definitely check on what laws/regs are on where you live as far as the dangerous dog goes. I would imagine they confiscate the dog at some point and levy some fines.