I was outside with my dog for about 2 hour with my dog.I put her down in the grass area in the cul-de-sac. I asked my son (about 5 ft away) to come over to watch the dog while she was peeing. I was about 20 ft away helping my daughter and my neighbors dog RAN out of its garage (never saw this dog anywhere) to my dog and bit it and threw it down. After the attach my neighbor told me she was take care of the vet bill, and to just give her the bill after everything was done. They stop making payments for over 1 month (checks), so I filed a small claims suit and asking for the balance of bill and loss of income from breeding. (i had to spay my dog b/c of the attach but I had a signed contract with a breeder a few weeks before the attack; to breed my dog) I just want to know if I have a case?
Since your dog was attacked by another dog, the owner would be liable for your vet bills, Yes.
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Yes. It sounds like you have a case. Bring all the vet bills, the canceled checks or other proof that they were making payments to the small claims hearing.
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Yes, you did exactly the correct thing in filing a SMALL CLAIMS LAWSUIT in JP Court against your reckless and negligent neighbor. I have little patience for irresponsible dog owners. In every dog bite I have ever handled, it always turns out that the owner knew or should have known that his dog was aggressive or vicious. Bring all of your vet bills to the trial. Make sure your case is filed in small claims court rather than Justice Court. In Small Claims court the formal rules of evidence and procedure are not used so you can get all of those vet bills in as evidence without having to ask your vet to come testify. Good luck! I am sure you will do well.
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I agree that you MIGHT have a case. Was your dog on your own property? Because it sounds as if your dog was off leash and off your property. To me that makes you at least 50 percent liable for the "attack".
Also keep in mind that winning a judgment and collecting on that judgment are two different things. Even if you win a judgment against your neighbor you may never be able to collect it.
If we do not have a signed fee agreement I am not your attorney and this is not legal advice.