What steps do i need to sue a dog owner?

[Pa1nter]

I will try and make this short,

My kids toy poodle was ripped apart and killed in our yard a couple of days before xmas by the neighbors dog roaming. (On surveillance tape)

The council was called,the dog was eventually impounded the next day after it came back for our other poodle.

The dog was eventually euthanized and now I would like to find out the most effective way to sue the owner (Normally I wouldn't but they have been a real a ss about it and didn't even apologize)

1:How do I go about using freedom of information to get councils paperwork on this to make it easier?

2:Would I be better to go small claims or other means,taking into account probably the only money I will get is dog value replacement ($800)

Thanks for your help in advance.

 

[Tulamalula]

I'd let it go. There is already enough pain and grief associated with the death of these dogs, whether one deserved it or not. Move on to better things.

 

[Corey Batt]

http://www.rti.qld.gov.au/accessing-government-information/information-access-application

I believe this is where you can find request forms etc.

I won't comment on the specific situation, I'd hate for my dog to be mauled or likewise to be euthanised. They really are more than just little furry animals.

 

[Simon]

My girlfriend is a barrister. She reckons you may have some grounds for claim but you need to weigh up costs before you take legal action.

Some things she mentioned to consider

Neighbour Failed and neglected to keep his dog under control

Failed to have regard for his neighbours loss of amenity

Replacement of dog

Distress - who witnessed? Kids?

I couldn't keep up typing but she said she'd be happy to email or chat if you'd like to know more. Clearly you'd have to take into account likely costs vs likely return etc but you know that.

Email me if you'd like to ask her any specifics or have a chat. She can't take your business of course

Out of interest, did the police get involved or is it just purely a council matter?

 

[Aaron_C]

Even if you were successful (your future barrister thanks you for paying their kids' private school fees) what damages are you supposed to get from it? As tragic as it would be to see that happen - I just don't see any recourse. It's not as if a dog can 'earn' anything so economic loss is out. Pain and suffering I'd imagine would hardly get any monetary value assigned to it...

The only real action that could be taken is to put the dog down which has already been done.

 

[impala67]

You can sue whoever you want. You'd have a fair case, however you will need to weigh up if they are the sort of people that are financial to pay and what are you hoping to achieve. A court judgement for civil damages? The court result may be in your favour, however you need to weigh effort versus reward. You have plenty of time to make a decision, maybe leave it a few months and see how you feel then. Sometimes it better to walk away. I think the only winner is ...pretty much Aaron C's first line. If you do feel strongly afterwards, personally I would avoid court and begin with a letter of demand from a free local legal service for a demand for the cost of your dog. All the best.

 

[sanj]

I'd let it go. There is already enough pain and grief associated with the death of these dogs, whether one deserved it or not. Move on to better things.

I agree with this, it would be best to move on imo.

 

[datto]

I think it has to go before a Dog Court.

Yeah, of course there is.
Its next to the Kangaroo Court.

 

[vaughan]

We need a Judge Judy in Australia.

 

[Pa1nter]

Thank you everyone for your thoughts,it has been over two months now since it happened and Tulamalula said it in the first reply,there has been enough pain and suffering with this and if I continue,I am sure more will follow.
He was a family pet of 12 years and we held a funeral and a burial in our backyard which now adorns a very large cross where the kids can visit.

We have since contacted the breeder we got him off and was lucky enough to purchase another pup that happened to be the original dogs nephew that was born on the same day he died

I have decided to leave it be,

 

[The Fence]

Amen......

 

[Deena]

How awful for you and your family.

 

[TingTong]

Sorry to hear of your loss, 12 yrs is like family.

This might be a bit corny but maybe your kids will get something out of it.

 

[Shaneelastic]

Hi,
Sorry for your loss
The new pup sounds great for your kids
Id be interested:
What type of breed was the dog that attacked yours.
I have my suspicions but would be interested to know

 

[BayView]

I will try and make this short,

My kids toy poodle was ripped apart and killed in our yard a couple of days before xmas by the neighbors dog roaming. (On surveillance tape)

The council was called,the dog was eventually impounded the next day after it came back for our other poodle.

The dog was eventually euthanized and now I would like to find out the most effective way to sue the owner (Normally I wouldn't but they have been a real a ss about it and didn't even apologize)

1:How do I go about using freedom of information to get councils paperwork on this to make it easier?

2:Would I be better to go small claims or other means,taking into account probably the only money I will get is dog value replacement ($800)

Thanks for your help in advance.

I'll take a punt and guess that the type of dog which would attack and kill a poodle is owned by a loser bogan-type (because they always have dogs like this), who measures the size of his "you know what" through his dog, etc - and as such will have no money you can ever get your hands on if you win.

Rise above him/her/them and move on.

In fact; move away to a more civilised postcode where humans live.