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.
Medical expenses for personal injury Premises liability for personal injuries Personal injury Personal injury lawsuits Evidence for personal injury cases Personal injury and animal attacks Dog bites and injuries Property liability Lawsuits and disputes Animal law Evidence Small claims court
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