How do I serve my neighbor whose dog broke into my yard and attacked my dog?

Question

My neighbors dog broke through our adjoining fence & attacked my dog on my property nearly killing my dog. How can I recover the vet bills from my neighbor?

Answer

A lawsuit can be commenced to try to be compensated for damages resulting from a dog attack. Small Claims Court is a user friendly court to try to resolve relatively small monetary disputes. California law states, in part: “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” Liability may also be based on negligence: the failure of a person to exercise due care resulting in injury to an animal. The violation of a public safety law, such as a leash law, may result in liability as well if such violation was the proximate cause of the injury. I hope that you and your neighbor can more amicably resolve this situation. Homeowners’ insurance policies often cover dog bites. Most importantly, I hope your dog makes a full recovery. I also suggest getting a sturdier fence.