QLD Neighbours Dog Killed my Dog - Animal Attacks Help?

[Leanne Quinn]

Exactly 20 weeks ago today, my neighbour was putting her wheelie bin out. She left her gate open, and her dog rushed out and attacked my chihuahua. It had it in its mouth broke his back and refused to let go. My eldest son had to pry her dog's mouth open so we could get my dog. I took him to the vet but he was gone. Since the animal attacks, I have been on medication for depression, so sad all the time. I need some advise on what to do. Can anyone help me, please, I am desperate.

Thank you.

 

[Leanne Quinn]

If my neighbours dog attacked my dog and killed it on the footpath am I able to sue her
Thanks

 

[Sarah J]

Hi Leanne,

You may be able to get compensation from the owner of the dog (your neighbour) if they were negligent in controlling their dog and preventing it from trespassing on your property and injuring your property (your dog).

If their dog is considered a "dangerous dog" or has a history of aggression or past attacks, then their standard of care is higher and they would be facing harsher penalties. This information sheet from Queensland Legal Aid may be able to assist you.

I would also suggest speaking with your local council about the dog attack. They may be able to give you a record of previous complaints against your neighbour's dog, which might be able to assist your claim.

The law considers an animal "property" and therefore, compensation will only be for replacement costs, and not extended to pain and suffering. A Brisbane couple recently tried to sue for pain and suffering after their pet dog was killed in an attack, but I am unsure of the outcome. If the case was successful, it will be the first time pain and suffering damages are awarded to an owner.