My dog was killed by another dog in the neighborhood.

Question

My wife was walking our mini dachshund in our neighborhood and was on a leash. While walking past a house, the front door was opened and this pit bull mix instantly went to our dog and viciously attacked and killed our dog. Was told by neighbors they had talks with the owner of this dog telling him they feared this dog due to its aggressive nature. Owner brushed them off. Looking for answers to my situation and what lawyer can help me out. Have been told to deal with it in small claims.

Florida, USA

Answer

I am very sorry to hear about your dog. Florida law states that owners of dogs are liable for damage done by their dogs to a person or domestic animal (which includes dogs). A lawsuit may be commenced to try to get compensated, although no amount of money can truly compensate a person for such a tragic loss. Courts have tended to award compensation for veterinary expenses incurred to treat an injured animal, cost to “replace” the animal or fair market value of the animal, and occasionally the value of the animal to the animal’s “parent” which can be more substantial, such as when an animal is specially trained.

Courts have generally not awarded people for their emotional distress or loss of companionship when their animal is negligently injured or killed. There have been exceptions, particularly when the animal was intentionally and unjustifiably injured or killed. For example, there was a Florida case where the court held that punitive damages should be awarded after a dog died as a result of a sanitation worker intentionally throwing a garbage can at the dog. The court stated, in part: “Without indulging in a discussion of the affinity between "sentimental value" and "mental suffering", we feel that the affection of a master for his dog is a very real thing and that the malicious destruction of the pet provides an element of damage for which the owner should recover, irrespective of the value of the animal because of its special training such as a Seeing Eye dog or sheep dog.” A few states have laws which specifically state that punitive damages may be awarded when an animal is injured or killed willfully or by gross negligence.

Also worth noting is a recent New York case. A woman was walking her son’s dog on a leash and a car hit the dog, killing the dog. The court stated, in part: “A plaintiff who experiences emotional distress due to witnessing the death of a family pet in the zone of danger proximately caused by a defendant negligently operating a motor vehicle may file a claim for NIED (negligent infliction of emotional distress) if the pet was leashed to the plaintiff at the time the negligent act occurred and the plaintiff herself was exposed to danger. In other words, the pet must have been tethered to the plaintiff — the pet was an extension of the human's presence at the site of the defendant's negligence.” I can’t say how other courts would decide such a case.

A homeowner’s or renter’s insurance policy may include coverage for harm caused by a dog so this should be checked out with the “parent” of the attacking dog. Doing so may avoid litigation, depending on the settlement offer, if any.

Some people choose to retain an attorney while others sue in Small Claims Court and handle the case for monetary damages on their own, although the amount one can sue for in Small Claims Court is much lower than in other courts. State and local bar associations generally have attorney referral services. A civil litigation attorney may handle such a case.

Complaints about dangerous dogs may also be made to animal control. Florida law defines “dangerous dog” to include dogs who have “more than once severely injured or killed a domestic animal while off the owner’s property...” Localities sometimes have dangerous dog laws so they should be reviewed too. “Parents” of dogs who are declared dangerous will be ordered to take certain precautions, such as confining the dog.