My dog entered the neighbor's yard where two dogs (one was a large german shepherd),contained by underground fencing fiercely attacked and nearly killed by small 6 lb. dog, who had escaped our backyard fencing, and went across the road. The staff at the medical center said this was not merely territorial aggression, but dangerous and hostile, especially with both dogs pinning him down and tearing into him. I have tried to contact 4 attorneys to see if I have a case to retrieve part of my costs. One didn't know, One said he 'didn't think so", and two never bothered to respond. I am only working part-time after losing a job of 27 yrs. and had only a home equity loan to charge the expenses. Can I use any claim or deduction?
It's a tough question because your dog went into the other dogs yard. I don't think you will succeed in a claim against the neighbour. On the tax issue, I don't know of any deduction for animal medical bills, but you might check with a tax accountant
Sorry to hear about this unfortunate situation. It's possible that the expenses could be deductible as a casualty loss deduction, which is limited by a $100 "deductible," a "floor" equal to a percentage of your AGI (adjusted gross income), and the requirement that you itemize deductions. All of these will reduce the value of any potential deduction. I don't envision any other method of claiming those expenses as a deduction, and you may want to talk to your tax preparer about whether these expenses even qualify as a casualty loss. (IRS guidance explicitly states that damage to your own property caused by your own pet does not qualify.)
This is not a personal injury question. If YOU were injured by the dogs this would be different. Unfortunately, the law views pets as mere property and nothing else. I do not think you have any cause of action against the neighbors, and as for the tax question, I would ask your accountant. Good luck.
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