Dog Liability – Legal Advice

Questioner

Saturday evening, April 5, my two cats were outside. My roommate got her bike out of the shed and opened the gate between the road and the hallway to the sheds. The neighbor's dog then ran through the gate into the hallway. He chased the cats. The cats were in an environment that is normally safe for them. There are normally no dogs in the hallway to our shed. My roommate was shocked and immediately called the neighbor to ask if he wanted to get his dog. The cats had run away and the neighbor had caught the dog. The dog had escaped through the front door. My roommate then cycled away because she was going to eat with friends. The next day she saw one of the cats lying on the couch with bloody paws. She was terrified and immediately called me. I came straight away and took the cat to the vet, this was Sunday, April 6. The cat had serious wounds, was given painkillers and bandaged. That evening I went to the neighbor to explain the story. I also wanted to express my concerns, because I am afraid that the dog could become aggressive again. The neighbor said that he is a very sweet dog, but that when he sees a cat he can no longer be controlled. 'I can shout all I want but then he won't come anymore', he said. He also kind of blamed me for letting my cats run around. 'You take the risk', he said. The neighbor often just lets his dog run loose while we live on a busy street. I have heard that it is forbidden to let your dog run loose in built-up areas. And isn't it strange that I can never let my cats outside because the neighbor can't control his dog? On Monday 7 April, the cat was not doing well, it was also too difficult for me to bandage it alone. I went back to the vet. The doctor said it would be better if the cat stayed in the clinic for 2 days. The doctor confirmed that the cat was in great pain from the bite wounds. On Friday 11 April, the cat had to go back to the clinic for a check-up. All in all, I spent a lot of money on the care of the cat. I would also like to hold the neighbour liable for the incident with the dog. The problem is that the neighbors do not have liability insurance. The dog escaped from the front door but they cannot report this now. I find it very strange that if someone does not have liability insurance, the person himself (that is me) has to pay for it all. The cat is now walking on 3 legs and I have already spent almost 500 euros. Who can help me? What can I do to make sure I don't have to pay the entire bill myself? I hope there is a solution.

Lawyer

Day, it is irrelevant to the question of guilt whether someone is insured or not. The neighbor should have kept his dog inside and is liable for the consequential damage, the veterinary costs. However, the question is whether it makes sense to make a legal problem out of this, on the other hand you have already tried to talk to the neighbor, I could write a letter for you, just quite legal and neutral why this neighbor is liable for the damage caused by his animal. You can contact me directly.

Lawyer

Dear questioner, If your neighbor is not insured, he will have to pay the costs himself as the owner of the dog. You can also hold the neighbor liable for the damage (by registered mail) and ask him to reimburse you for the costs. Examples of a claim for liability can be found on this website and on the internet. If you would like legal assistance in holding your neighbor liable, you can of course contact me. Good luck!

Questioner

I would like to hold the neighbor liable. The problem is that I know he will say he didn't see it. Can he get out of it that way? I don't even think sending a letter will work because he will probably just ignore it.

Lawyer

As the claimant, you must be able to prove that the neighbor's dog caused the damage. This can be done, for example, by witnesses, a statement from the veterinarian, etc. You must demonstrate that your neighbor is liable. If you cannot do this, you cannot enforce compensation. If your neighbor ignores your letters, a letter/phone call from a lawyer can often help.

Lawyer

Your neighbor, as the owner of the dog, is simply liable, whether he was there or not. Your housemate saw the dog go after your cats, but did anyone else see the dog actually bite/attack your cat? It is very likely that it was your neighbor's dog, but unfortunately you have to prove this. You have spoken to your neighbor about it and he is trying to get out of it. Given his statement, his dog has probably attacked cats before. Make inquiries in the neighborhood (about previous problems with the dog), ask your housemate to testify and simply put pressure on your neighbor.

Questioner

If no one saw the bite but the dog aggressively ran towards the cats is that enough? The bite probably happened when my roommate went to get the neighbor.

Lawyer

Evidence in a civil case, such as this, does not have to be provided with 'mathematical' precision. A high degree of plausibility/likelihood can also be sufficient. With what you are now stating, you seem to me to be in a fairly strong position. But you only know for 100% sure when the judge has ruled on it. I hope for your sake that it does not come to that and that your neighbour gives in.