Quote:
Originally Posted by slk77  Yes , the police were called, we are still waiting for the police report.
The other dog is locked up. What happens if the owner cannot be found?
What happens to the pitbull? Do we have any legal rights in this matter?
Thank you everyone for your fast and caring reponses. I really appreciate it. |
I'm not familiar with laws in NY but was a paralegal years ago in NJ. As far as I remember unfortunately animals are treated as things. Your friend is entitled to the price of her Yorkie. If there had been any vet bills she would then be able to sue for the price of her Yorkie as well as any incurred vet bills. It's really a shame that a person is not able to sue for emotional distress, pain and suffering for her animal etc. The laws need to be changed and the only way to do that is to write congress.
In so far as the pitbull a lot will depend on whether the owner is found. If the owner if found then really a lot will then depend on whether he has ever attacked before etc. In NJ when an attack occurs animal control by law is called and notified. Who is the person that was walking the dog? Are you certain that she or he is not the owner and just b.s. ing to cover their own butt? There is really no way of knowing this for sure but I think she can be held liable as well since she was the one in control of the dog at the time of the attack. It may be worth having a free consult with a good attorney. You can also sue for your injuries and you because you are a person and not an animal are entitled to pain, suffering, emotional distress from YOUR INJURY not emotional distress in seeing your dog injured. You have to make sure that you say you were tramatized from the bite you sustained. If you say you were tramitized by watching your Yorkie being attacked all you will get is it's unfortunate but... blah blah blah.
I'm really sorry for your friend and I wish her all the best.
Elaine