Can I sue my neighbor for letting her dog wake me up too early? It is ruining my physical and mental health.

Asked over 1 year ago - Vail, AZ

It barks for less than 15 min so no laws are being broken The police can't help. I have been awakened early 5 out of the last 7 days around 7 AM. Sometimes it only barks once but I can't get back to sleep. I have been too upset to get a nap later If I go to bed early I can't sleep until my regular time. I emailed her but she thinks it's ok because it is only bothering me and not others. Lack of sleep makes me broken. I can't do my housework or even read or do a hobby. I am so sad I cry off and on all day long. My eyes are so swollen from crying that I can't do errands in public. I have headaches, nausea, my heart beat is louder. I have not done dishes or opened mail for about 3 days. I have lost my appetite and I think if I ate I would throw up. I am so sad that I want to die.

Additional information

I have never suffered from depression or any other psychiatric disorder. I used to wake up happy and have a productive day when I was getting enough sleep. What I am describing are signs of sleep deprivation. I found a list and I have about 8 of 10 of the effects listed. Sleep deprivation is illegal to use on suspected terrorists because it is so horrible. All of these symptoms started exactly when the barking became almost daily. Ear plugs would not work because then I can hear noises from inside my ears, like the blood moving and my pulse. They do help when I am awake. White noise would be horrible constant sound, like a fan or a broken tv. My ears hurt when exposed to sound like that. Thanks anyway for answering.

Attorney answers (3)

  1. Inga L Stevens

    Contributor Level 16

    7

    Lawyers agree

    Answered . First, I would suggest you see your doctor -- what you describe are signs of clinical depression (I was a therapist prior to law school.)

    7am is not very early for most people. I don't think you would have a very successful case. Can you try some ear plugs? A white noise machine (trust me, they are great!)

    Attorney Inga Stevens is licensed in Maine. She provides general information on Avvo.com. No attorney-client... more
  2. Brandy Ann Peeples

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . I agree with my colleague.

    Look, dogs bark, but based on the facts of this situation, the dog's barking does not rise to the level of being any kind of nuisance for which you could be compensated.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  3. Laura Mcfarland-Taylor

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with my colleagues - dogs bark, 7 am is not unusually early (in my neighborhood school buses are out before 7), and your reaction is way out of proportion to what is happening. Your reaction and your comment regarding white noise lead me to believe that you really need to see a doctor for depression screening. This is not a legal issue.

    If we do not have a signed fee agreement I am not your attorney and this is not legal advice.

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