My beloved pet was killed by my neighbors’ German Shepherds. Can I sue the neighbors if their dogs come into my yard, and should I record it for better evidence?

Question

My dog was killed in the morning April 30 2023 next day at 1 am may 1 2023 the dogs get out again I'm terrified they may hurt my other small dogs .dog pound dispatch came on April 30 took pictures of my dead dog and talked to neighbors then left can I sue the neighbors if there dogs come Into my yard and should I record it for better evidence.

Answer

I am so sorry to hear about your dog. Certainly, collecting evidence can be helpful but doing the upmost to prevent such an attack would be more helpful. Consider installing a fence or other type of barrier to prevent wandering dogs from entering your property. Supervising dogs when outdoors may also prevent attacks. It is very unfortunate that your neighbors do not.

People whose animals are injured or killed by another dog may sue the attacking dog’s “parent” for money. Worth noting is that a person’s homeowner’s or renter’s insurance policy may cover dog bites. You may also ask animal control about conducting a dangerous dog hearing. California’s state law defines “potentially dangerous dog” to include “Any dog which, when unprovoked, on two separate occasions within the prior 36–month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.” California’s dangerous dog law also states, in part: “A potentially dangerous dog, while on the owner’s property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A potentially dangerous animal may be off the owner’s premises only if it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult.” Many localities have even more stringent dangerous dog laws so local laws should be checked too.