Can I Sue or File Charges After My Neighbor’s Dog Killed My Yorkie?

Question

My 1.5-pound Yorkie was killed by my neighbor’s Cane Corso. The dog snatched him off my porch while it was with its owner and was not on a leash. I want to know if I can file charges against the owner and sue for what happened.

Answer

I am very sorry to hear about your dog. Animal control can be contacted. There are procedures in the law for a dog who attacks another animal to be declared dangerous. The “parent” of a dog who has been declared dangerous will be ordered to pay a fine, have the dog spayed or neutered and microchipped, and may be ordered to have the dog supervised by a person 18 years of age or older when in public, muzzled, evaluated by a behaviorist, and undergo training (but not necessarily all of these).

Under Illinois law, “’Dangerous dog' is defined to include (i) any individual dog anywhere other than upon the property of the owner or custodian of the dog and unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal or (ii) a dog that, without justification, bites a person and does not cause serious physical injury.”

Local laws should also be reviewed. They are sometimes more stringent than the state law.

A civil lawsuit for money can also be commenced. If a court determines that the “parent” or other person in charge of the attacking dog was negligent or in violation of a law (such as a leash law) at the time of the attack, the court may order the defendant to pay for the fair market value of the killed animal or the cost to “replace” the animal, veterinary expenses incurred to treat the animal, cremation/funeral expenses, and other expenses associated with the incident. While not as common, some courts have also awarded money for emotional distress and loss of companionship.

People often refer claims against them to their homeowner’s insurance carrier to try to avoid litigation and to have the claim paid by the insurance company.