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by Anonymous on April 29th, 2008
You have no legal recourse. Your neighbor had control of his dog, but you did not have control of yours. Although we treat our pets like family, at the end of the day they are still animals.
Based on all the other answers, people seem to want to treat this like a self defense case. But again, they are animals. It does not matter if the terrier was aggressive or not.
I have had dogs all of my life and they occasionally get out. However, I know it is my responsibility to control the dogs, and I know I am the only one to blame if something happens when they are not in my control.
I have also noticed people criticize your neighbor. Based on one of your comments, it appears that your neighbor was a good neighbor and even drove you to the vet.
by unknown on April 29th, 2008
I am terribly sorry for your loss. You must be devastated. What happened is horrible, no question about it. Unfortunately, since your neighbor's dog was on a leash and your dog ran out loose, you have no legal recourse against the neighbor.
Think about seeing a counselor with your family to get through this horror. And when you feel better, consider giving a shelter dog a loving home. A new dog won't replace your dog, but it will give him a loving home, and your family a new member to cherish.
by Glenn Blaylock on April 29th, 2008
Reading up a little bit on Jack Russell Terriers, makes me wonder if this situation is as cut and dried as you seem to be trying to make it out to be. This is what Wikipedia says about the breed's disposition:
"Most Jack Russell Terriers get along well with children so long as they are introduced carefully, but they are extremely protective of their territory and have no tolerance of even unintentional abuse. Most are outgoing and friendly towards other dogs (again, territorial invasions notwithstanding), but a good number show same-sex aggression issues, especially the males. JRTs are also known for a "Napoleon complex" regarding larger canines that can get them into dangerous situations. Their fearlessness often scares off a larger animal, but their apparent unawareness of their small size can lead to a lopsided fight with larger dogs if not kept in check."
I am not trying to be insensitive, but could your dog have provoked the Rottweiler. That particular breed of dog has a natural instinct for guarding. They can be vicious if not properly trained. However, I also wonder if your own dog's natural instinct to guard its territory isn't also partially to blame for the tragedy. I am not trying to point fingers here. I don't know either of the dogs in question. All I have to go on is general knowledge of the breeds that I gleaned from reading about them. So, I would have to ask if the Rottweiler has a history of vicious behavior is is this the first offense. If this is the first offense (especially if it was provoked into defensive action by your own dog's actions), then the dog definitely bares watching but may not warrant euthanizing. If this is a pattern of behavior on the part of that dog, then it should probably be put down.
Again, I am not a dog expert. So, take this opinion for what it cost your to get it.
by Darryl61 on April 29th, 2008
Was his dog on a leash? Was your dog on a leash? This will ultimately determine your legal recourse. As for the emotional issue, I can only say I am sorry for your loss.
by Teri on September 17th, 2008
If the rott was on a leash on the sidewalk and your dog was not...I do no think you have anything to have recourse with...it is a horrible horrible thing to have happen for everyone involved...I am saddened for all involved. It is very similar as to an animal running out in the street and getting killed by a car...it is an accident...
by Shorin on April 29th, 2008
I am so sorry for your loss; that sounds nightmarish.
First, ask yourself if you want your neighbour's dog destroyed, as that is likely the outcome of any legal action taken by you. It sounds like your neighbour needs some serious education in dog training/handling. Under proper care/training, that should never happen, so please don't think all rotties are horrible if you do. They really can be lovely. I would really worry about your neighbour's ability to handle his/her animal. It may need rehomed, especially if this is not a novel incident. Do you know them well?
You may report the incident to your local authorities; they will probably direct the case to the appropriate sector from there (animal control, ASPCA). The dog in question will most probably be confiscated and quarantined and/or euthanised (based on what I see most often), but it really depends on state/local policy. If you feel you need to, you can probably file a civil lawsuit for emotional damage (however you would phrase that) or perhaps property damage (ugh) but I will admit law is not my forte.
As for personal matters, I hope you and your kids can come to terms with this tragedy. I know no amount of sympathy can replace your loved one, but you have all my condolences.
by RottieMom on October 13th, 2008
Firstly, I'm so sorry to hear this happened to your dog. I own two Rotties that are very dog friendly, but I'm not sure if they would do the same thing as the other dog that attacked yours in the same situation. If your dog was loose and displaying aggression towards the Rott or the Rotts owner, that Rott is going to protect. The Rotts owner had the dog on a leash, in reality, the rotts owner had somewhat control of his dog but couldn't stop your dog as it was loose. I highly doubt you have any legal rights to sue in this case.
Did you see the attack? Was your dog the one that innitiated the attack? Did your dog attack the Rott first?
It sounds like a very unfortuanate incident, but I just can't find the actions of the Rotts owner being at fault. Again, sorry for your loss.
by Go know thyself is THE RED QUEEN on October 13th, 2008
Im sorry that this happened... The neighbor, if a dog lover should have common sense and realize that it's not the dogs fault and although i do believe that since your dog is dangerous and a threat to other dogs and possibly children, he should NOT be destroyed, but should be taken from you and brought to a facility to be rehabilitated.
You cant have a dog like that in a neighborhood, Plain and simple. But the dog should NOT be killed because you failed to train it properly.
Im sorry for their loss, im sorry that your kids had to see that and Im sorry that the dog was never trained not to do that. but it happened... You shouldn't keep him. What if it was a child?
by Needs some coffee on September 17th, 2008
I realize this was a while ago, but I'm so sorry for your loss. I have a Jack and they are wonderful dogs.
I have to agree with the others that if your dog was not on a leash and the other dog was, there really isn't much you can do since neither party had control of their animal.
by koldkanuck on April 29th, 2008
JR's are famous for aggresion towards larger animals they have no fear.
Sorry for your loss
by Anonymous on April 29th, 2008
My Jack Russel did not die immediatly. My Jack Russel was still alive with his insides hanging out and I was screaming.. My neighbor drove me to the pet hospital. They tried to save his life but he was too far gone. The animal control came to the vets office and said that the owner of the rott was not at fault that it was just an accident. The neighbor that drove me asked if she could give her statement of what she saw and the animal control officer said no she already had the information..
by Possum on April 29th, 2008
call a lawyer (the nearest law school legal clinic if you can't afford one-but with a jack russell i'd guess you could get someone interestede), animinal control, the police, and your city councilman-in that order.
by allikatzpop on April 29th, 2008
i am truly sorry for your loss. i have a rat terrier and can't imagine what life would be w/o him...
print this out and put it w/ a photo of your dog...
RAINBOW BRIDGE
When an animal dies that has been especially close to someone here, that pet goes to Rainbow Bridge.
There are meadows and hills for all of our special friends so they can run and play together.
There is plenty of food, water and sunshine, and our friends are warm and comfortable.
All the animals who had been ill and old are restored to health and vigor; those who were hurt or maimed are made whole and strong again, just as we remember them in our dreams of days and times gone by.
The animals are happy and content, except for one small thing; they each miss someone very special to them, who had to be left behind.
They all run and play together, but the day comes when one suddenly stops and looks into the distance. His bright eyes are intent; His eager body quivers. Suddenly he begins to run from the group, flying over the green grass, his legs carrying him faster and faster.
You have been spotted, and when you and your special friend finally meet, you cling together in joyous reunion, never to be parted again. The happy kisses rain upon your face; your hands again caress the beloved head, and you look once more into the trusting eyes of your pet, so long gone from your life but never absent from your heart.
Then you cross Rainbow Bridge together....
by Peenut on September 8th, 2008
You dont have a leg to stand on. The Rott was on a leash, and your dog was not. Plain and simple!!
by Teresa on September 17th, 2008
Your recourse is to grieve with your children.
Your next recourse is to use this awful occurrence as a lesson that if/when you buy another dog, to always keep it indoors or on a leash.
If you really feel you must sue, your recourse is to find a lawyer.
by Gone. on September 8th, 2008
Was his dog on a lead? If so you have no recourse at all. If not, then there maybe. But both dogs weren't under the control of their owners that caused this to happen. Your dog ran out. It wasn't under control. The other owners dog attacked it because it wasn't under control. Even though it happened on or near your property.
I suggest taking it to court. We don't know the full circumstances. Let a judge decide. Sorry to hear about your dog BTW.
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You're reading My neighbor was walking his dog a rott and my dog ran out the front door and his dog killed my dog a jack russell terrier right in front of me and my kids. What is my recourse?
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Comments
Sad situation. EXCELLENT answer.
by Anonymous on April 29th, 2008
My neighbor did drive me the one who saw what happened...She saw my dog first grabbed by the neck and then by the stomach. The reason the rott finally let go of my dog is the construction workers down the street ran and threw water on the dog. The neighbor with the dog just stood there while my dog was being attacked. I feel that there is something he could of done so his dog would not of killed mine..
by Anonymous on April 30th, 2008
I'm sorry for your loss. Legal issues always include and are resolved on the specific circumstances. As to recourse, it is almost certain that an attorney would not take your case (not enough money),so your best avenue is a suit in small claims court. You may or may not win depending on the specific circumstances involved. You both tell your stories and the judge decides. Small Claims is a court of equity rather than law, so the decision will be based on what is reasonable and fair - to the judge.
by Anonymous on April 30th, 2008
ok people that you for your input now i need just an idea of what you would do in my situation...
Now my neighbor with the rott that killed my jack russell is trying to sue me
He now states that he is disabled and that his rott was a show dog that can no longer show
what now?
by Anonymous on May 2nd, 2008
Again, the case, if there is one, will be decided by the facts as believed by the trier of fact(a judge or jury). If an attorney has taken the case of the Rott owner, you need to talk with an attorney NOW. However, based on what you have said, it is more likely no attorney would take either of your cases, and he would be taking you to small claims court. File your own suit or a countersuit. Continued below....
by Anonymous on May 3rd, 2008
It sounds as if the Rott owner was disabled before the event. This could be the reason why it was difficult or impossible for him to stop his dog from attacking yours. He will argue the Rott was protecting him from a possible and/or likely attack by your dog. In law or equity, you take the plaintiff as you find him/her. That may work against you. He will need to prove that the Rott was a show dog.
Bottom line - both sides tell their story and the trier of fact decides damages. Good luck.
by Anonymous on May 3rd, 2008
There has been some misinformation provided, so I will try to correct the errors. First, you can always find a lawyer to take your case if you have a valid case. When ABH says that an attorney won't take it becasue "not enough money," she seems to be presuming that all lawyers work on contingency.
by Anonymous on May 3rd, 2008
Second, small claims court judges are bound by the law. They do relax the rules of evidence quite a bit becasue there are no attorneys, but they still must follow the law. This is especially true when the law favors the defendant. In many jurisdictions a plaintiff in a small claims action cannot appeal, but the defendant can. Furthermore, the appeal usually is just a de novo (i.e. new) trial in the states trial court (called superior or municipal court in some states). Thus, if the judge ignored the law, the defendant will appeal and now you will have to re-defend in a court where you will need an attorney. Since judges don't like to be second guessed, they follow the law.
by Anonymous on May 3rd, 2008
As for the actual merits of the Rott owners case, ABH is correct in that it will depend on the facts. Based on what you said so far, it would appear that you are liable for all the harm that resulted (whatever that may be) as a result of your negligence. Thus, if the owner was actually disabled and his dog has actually lost value as a result of the attack, you would be liable. But the owner would have to prove his damages. So is they owner inflating his damages, or is what he is saying true? If it is true, you may want to think about settling. If not (or you don't know), get a lawyer so that the truth can be determined.
by Anonymous on May 3rd, 2008
I don't disagree with any of the comments Anonymous made on May 3 around 2 o'clock. I was trying to keep it relatively simple and in my opinion, a little more practical. The answers by Anonymous are more complete and entirely accurate.
by Anonymous on May 3rd, 2008