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If a neighbor accidentally poisons your pet, should you sue him if he doesn't offer to help with the vet bill?
He just moved in and applied a snail bait with metaldehyde, and now my dog is dead and vet bill is $2400. He seems very sorry, but it's been several days and he has yet to offer any compensation. I could sue him, but should I? The dog was not on a leash, but he should have let all the neighbors know he was putting poison out, right? The stuff looks and smells like dog kibble.
OK, but I really feel bad enough already, know the dog should have been on the leash, but he ran out after the kids. If your poison killed a neighbor's dog, wouldn't you offer some kind of help? He hasn't, and I am disappointed. I think he should have told the neighbors he was putting it down. We live in a cul-de-sac with many small dogs that wander, not far, but a little. Remember this stuff is scented with molasses. This stuff actually attracted Schatzie into his yard. Do I sound like I am trying to relieve my own guilty conscience??
So it seems that most of you believe the neighbor is not legally responsible. I will put the idea of a lawsuit out of my mind and try to move on. Please inform all you know about the dangers of snail bait containing metaldehyde!! There are plenty of safe ways to rid yourself of garden slugs!!
Thank you all so much, I am going to retire my question.
18 Answers
- Phil WLv 61 decade agoFavorite Answer
First of all let me say that I am sorry to hear of your loss.
Second, I suppose that it would depend on the laws in your area concerning putting out insecticides especially non-regulated types which he most likely used.
However the bottom line is assuming your neighbor put it down in HIS yard your dog had to go into his yard to get into it. The type of stuff you described is not normally scattered all over the yard either but around areas that snails hangout like flowerbeds near the house. As there is probably laws in your area about dogs running at large as yours was (even though it was just "next door") I'm sorry to say that you are as much if not more to blame as he is.
And yes, you can sue him. Under the laws of this country you can sue anybody, or be sued by anybody, for anything at any time. All it takes is a lawyer (although that is not an absolute) and a trip to the courthouse. You may win. You may not.
I hope the following poem helps ease the pain some.
Just this side of heaven is a place called 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....
Author unknown...
Source(s): 25 years of experience with Siberian Huskies. We have 14 currentlly (mostly rescues) - 1 decade ago
While it would have been neighborly of your neighbor to inform you about the poison, it may not have even entered their mind to do so, especially if they don't have animals or small children. And while it would be very neighborly of him to offer to help with the vet bill, ultimately it was your responsibility to keep control of your dog. I know this is probably not what you want to hear, but legally and morally, owners are responsible for their own animals. I hope your dog recovers and I hope that the vet will allow you to pay off your bill with a payment plan. Good luck.
- bpbjessLv 51 decade ago
If the poison was in HIS yard, then no. It will be deemed your fault that he was wandering off leash. If the poison was in your yard, without your knowledge, you probably have a case and could sue him. However, it also comes down to is $2400 worth creating a neighbour who will hate you and now want revenge in any way he can?
It is a decision you will have to make.
- Little OllieLv 71 decade ago
Quite honestly it wouldn't occur to me to inform my neighbors that I was putting a pest control on my flower beds. Nor do I inform my next door neighbor when our trees are sprayed with an insecticide, she has outdoor cats. It is very, very unfortunate what happened to your dog but it's not your neighbor's fault. Suing him will just cause you a lot more grief which you don't need, he isn't morally or legally obligated to compensate you, your dog was loose on his property. Sorry about your dog.
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- twhriderLv 51 decade ago
Depends on the state you're in I imagine. In my state, a loose roaming dog is fair game. If he put the bait down on his property, and your dog wasn't properly contained on your property, then in my area, it would be considered your fault for not properly abiding by the leash laws. Now, if the bait were on your property....that would be another story.
- Onyx NinjaLv 41 decade ago
No, whenever your dog is off leash its your fault by law. He had no obligation to notify the whole neighborhood he was poisoning his lawn for insects....you had an obligation to keep your pet contained on your property. I'm sorry your dog is dead, but it was not your neighbors fault, and it won't hold up in court.
- DogAddictLv 51 decade ago
I'm very sorry that your dog died. Legally your neighbor owes you nothing. I'm sure you learned something from this. How horrible that it had to be at the expense of your dog's life.
- 1 decade ago
its gonna be a waste of money because 1 Ur dog wasn't suppose to be on his lawn so he can defend n 2 every one fertilizes n puts chemicals on lawns n u were suppose to keep Ur dog on a leach
- 1 decade ago
Was your dog in his yard? Then its not at all his fault. If your dog was in your own yard then he should have made sure it wasn't near neighbors yards.