I want to know if I take my neighbors to small claims court

I agree, she should pursue the case in small claims court. Small Claims courts are often more about justice than letter of the law. Small claims courts are sometimes not run by judges but by lawyers. They are often less formal about rules of evidence, etc.

I'm just trying to point out that its not a slam dunk case and it could go against her.

And this is not an issue of dog laws. The tort laws apply ANYWHERE someone is damaged. Lets say, for example, that your neighbor walks up your walkway, and trips on a paving stone that just slightly is uneven. And it just became uneven because of a minor earth tremor a couple of days ago. Did you deliberately place the stone so someone would trip on it? Was it unreasonable that you didn't notice the stone was slightly out of alignment? Is it reasonable for someone to expect you to check the alignment every day in case one pops up? On the other hand, if your mailperson had pointed the stone out to you last week and you hadn't fixed it, then you could be considered negligent.

This is the SAME situation. Your neighbor was damaged through no fault of your own. Should you be penalized because of it? The tort laws are there to protect people from being held legally liable for things that happen through no fault of their own.

I think what is coloring most respondents opinions here is the apparent cavalier attitude of the neighbors. They are being portrayed as the bad guys here (and maybe they are) but maybe they aren't.

I'm cutting to the chase - I work on cases like this. In my State homeowner's is not going to cover damage/injury to another animal. As a homework assignment, call your HO company and ask about this same situation. I think I know the answer.

My next concern is that OP posted that he KNEW the other dog was "fence fighting" which raises HIS level of responsibility.

I have dogs. I'm sympathetic to the cause but I see a lot of emotion here and not a lot of law. Would I have a lattice fence with landscape timbers at the base and netting or webbing nailed to the lattice work for its entire length and height? Yes - and for a period of time, I did.

I don't use fencing - and I have very big dogs - which they can even get a PAW through? Yes, it's expensive but I am protecting them, the dog next door - and ultimately, me. I am as concerned that the dog next door is going to poke his head through and find my dogs pulling him the rest of the way as I am that they will just grab a dog and pull it through. They're dogs. They have no idea that dogs don't fit through the opening in lattice fences. Have I ever had a problem? No. Why? Maybe because I'm super vigilant.

Would I be upset? Yes, you bet. Do the photos make me sick and my blood boil? Yes. Legally - another story.

Would I go to Small Claims Court? Sure. It takes very little money and a couple of hours. Would I be prepared to lose? Yes.

I think this is an emotional question with emotional answers AND the law is not the same all over.

Judge Judy is good TV, she sells. She isn't always legally correct and, in addition to that, isn't always in the State where "you" are. That's like arguing with your Physician that he/she should do this or that because the same condition was on House and HE cured the patient in 60 minutes (minus commercials).

And concerning getting info on the HO insurance - you write a letter and ask that the matter be turned over to the insurance company. You then either negotiate with the company OR sue the individual. That brings the insurance info out of the woodwork (so to speak).

Thats shocking Take them to Court no matter what!!!!! Your poor puppy!!!!! I tell if I was rich and had money I would pay for the courts costs myself and get them charged. Their dog should be put down I think,. I really hope you dog recovers soon.

Andrew Macintosh

This is a legal board, not a "feelings" board, not a "if I were rich" board. The LEGAL advice is that this dog is property, same as a table. I don't like it, you don't like it, pretty much nobody likes it - but that's the law.

You are confusing suing for damages and getting somebody charged - they are very different things. If you were rich, what would you attempt to get them charged with?

So - you would sacrifice one dog for another, am I understanding you, even though the OP KNEW that her dog could poke its face through the fence and did nothing and the other dog is simply that, a dog? Dogs aren't Charles Manson. They don't have evil intent. They're dogs.

Bad advice.