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Animal issues

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What is the name of your state (only U.S. law)? Maryland.

On 8/21/2011 at approximately 4:30 my cat went outside. She was in the yard when the incident occurred, as she is too lazy to really go far. She was sunbathing on the front steps and was attacked by a neighborhood dog. My niece broke up the fight since she knew the dog and it wonders free most times.

Right after the incident, I spoke to the owners of the dog. They said that they would pay part of the emergency damages, but did not want to pay for all of them since another neighbor "let their dog off the leash when they were not home." I cannot prove this, only that the specific neighbor has let my dog off of her runner and has also let her out of the fence. What I can prove is that their dog, regardless of circumstance, attacked my cat.

My cat's worst injury was to her front left leg. It was almost completely severed from the bone. The vet said that it is dislocated and possibly broken. Due to the serious injury that the dog did to the surrounding muscle tissue, her front leg must be amputated. Even if they could repair the damage, the limb would be useless. She also obtained multiple puncture wounds that are superficial. These can be doctored with peroxide and a little rest. None of these wounds need stitches.

My cat will be scheduled to come home tomorrow. Currently, my boyfriends compound hunting bow sits as collateral for the vet services since I did not have any money at the time. The vet stated that my cat will be ready to come home by 08/22/11 around 5pm. It honestly sounds like a short time to me, but that is how vets work I guess. When she is picked up the vet states that approximately $600 will be due. $521 will be emergency fees including an after hours fee, exam, iv fluids because she was in shock, a catheter because she cannot walk and peed on herself, pain medication for after the surgery, antibiotics that must be given before they can do surgery, amputation of her right front leg, and a professional service fee. The remaining will be her discharge medication which includes an antibiotic and pain medication.

I called animal control and they stated that they have been out to this residence many times before and this is the 6th cat that has been attacked. My cat is the only one who has lived.

My question is, what legal rights to I have to ask the owners of the dog to pay the total bill for the emergency situation. I am willing to pay for discharge medication costs, and the follow up visits for the amputation. However, since their dog was running loose and they were not home, I do not feel I should have to pay the emergency fees and the cost of the amputation. They should not have allowed a dog to be outside if it has been known to be vicious to other animals or if another neighbor is known for letting him off of his runner.

Since I do not have proof that the other neighbor nosily let the dog off of the tie out, I would not feel comfortable asking him to pay half of the bill because just they said so. Would it be appropriate to ask them to pay the emergency bill bill and then have them see if the other neighbor will split the cost since they believe it is half his fault?
 


swalsh411

Senior Member
So you have a witness that this specific dog attacked your cat? If so, will this witness testify for you in small claims court?
 

Mass_Shyster

Senior Member
It seems that Maryland has some pretty arcane rules regarding liability for dog bites. There is no cause of action for owner negligence, and owners are only strictly liable for damages when they have knowledge that the animal is prone to biting (one-bite rule).

However since your have evidence from animal control that the owner has been put on notice that the animal is dangerous, you may be able to successfully sue for damages.

The bad news is that since animals are considered property, you can't get more than the 'fair market value of the property'. So if you spent $1000 on a vet to cure your $100 cat, you can only recover $100. The other $900 is considered 'waste'.
 
dog attack

My niece is unfortunately 10 years old, she is the first witness. They will not allow a 10 year old autistic child to testify. I did have another neighbor come forward late last night and say they had a partial video of the dog attacking my cat on their cell phone. They did catch the portion of the attack that I am referring to.

Unfortunately, I got this cat from the animal shelter. That places her original purchase value at $40. They had me spay her which cost extra, but I am not sure what that would be or if it is included in the "cost" of the cat.

Animal control did determine that there are 16 dogs on the property and that they had just taken the mother to be bread again.
 

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