My leached dog whom my 12 year old daughter was walking with a friend, was attacked by two golden retrievers in the neighborhood, these golden retrievers were unlicensed and unleashed, they jumped their owners yard on to the private way (PW) which is shared by the owners and my daughter was walking on the PW, I live on the cul-de-sac and this private way starts on my cul-de-sac , thus making be an abutter as I live adjacent to the PW- many people walk on this PW. There is no sign posted that says private property or entry restricted. My vet bill is around $1100 now. The mater was reported to the Town Dog officer. What are my legal rights if I want to sue as they might claim that my daughter was walking on a private way; there is a house for sale sign posted on the PW and many people visit
"these golden retrievers were unlicensed and unleashed, they jumped their owners yard"
On these facts, the dogs' owner is in violation of the law. They were neither licensed, nor under the owner's control at the time of the attack.
Once you have documented ALL expenses from the attack you can send a demand letter to the owner. When s/he ignores that letter, as many do, you can bring a small claims action in district court.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
Family Law Attorney
Pursue your monetary losses in small claims court at Hingham District Court.
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.