New Jersey Court: Mauled Dog’s Owner Can’t Get Damages

December 13, 2010

  • December 13, 2010 at 12:39 pm
    Mikey says:
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    I’m curious what people think of this. I’m a dog lover and believe they are worth more than just the cost to replace them, but nothing ridiculous either. Maybe a $20,000 or $50,000 cap or something.

  • December 13, 2010 at 12:48 pm
    Dog Lover says:
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    I like my dog – have had several – I am also a dog trainer. I agree with the decision. Dogs are not human beings. They bring us joy, entertain us, etc. Try this scenario: my brother loves his Porsche. Perhaps if he witnesses it being smashed to bits by a Humvi someone would feel he was entitled to pain and suffering, too. The line has to be drawn in the sand somewhere and it has – there is a difference between a human being and all other animals. If someone shot a horse or a goat that a family member had adopted as their personal pet… you see where this could go.

  • December 13, 2010 at 12:48 pm
    Dog lover, too says:
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    Love my dog like blood. But getting $5,000 or $50,000 wouldn’t do anything to lessen her loss. And it wouldnt assuage my anger against the responsible party because I know it would just be their insurance company paying it. If they could make the responsible party pay, and make it pay enough it hurts them, I guess that would be some small consolation. I’d make them pay the award to the SPCA.

  • December 13, 2010 at 12:57 pm
    America Redefined says:
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    I’m a dog lover too but I agree with the sentiment to a point. As an adult, should be able to deal with it.

    You can not open the door to this because the floods that will follow will be never ending. I have a number of resident stinkbugs in my house that I get traumatized by when the cleaning lady kills them.
    Ohhhh my… the use of the term “cleaning LADY” is a sexist statement and we can’t have that in NJ. NJ is a state that does not allow discrimination based on gender or gender preference. Imagine the suit I would be involved in if I refused to hire the cleaning lady because she/he was the cleaning man, and he/she is a post/pre op transvestite and I did not want to expose my kids to this person as a “normal human being” THATS NOT NORMAL!!!!!

    Draw the lines now before someone blurs them!!!

  • December 13, 2010 at 12:57 pm
    COMPARE says:
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    You can’t compare a pet/dog to a car. No one’s Hummer is going to savagely attack someone else’s Porsche. I am sure it was horrible for her to witness her small dog being attacked by someones large breed mauling machine. I think the owner of the large dog in this case should have to pay this lady something for their lack of control of their dog and for her emotional distress. Nothing too high but something to show dog owners they will be held financially responsible or they should not allow that person to own another dog. There needs to be some kind of penalty for this. I have seen two different friends of mine lose their small 10 pound type dog to someone elses large Pit type dog that came in their yard and brutally mauled their dog. They get off with a slap on the wrist and even have the option of getting their Pit back. Something is wrong with that.

  • December 13, 2010 at 1:05 am
    Taking care of business says:
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    Get a concealed carry permit, another dog attacks your dog or worse yet your child, pull your weapon, shoot the dog a few times. Enough said. That way there won’t be next time, at least for that animal. That’s my plan. You like it, great, you don’t, too bad.

  • December 13, 2010 at 1:19 am
    America Redefined says:
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    In this Liberal State… you can’t get a concealed permit.

    Going to H@#% in a handbasket.

  • December 13, 2010 at 1:25 am
    Make the owner pay says:
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    I agree: the owner has to pay something punitive: not the insurance co. Not something too high either…just a good stiff fine that goes to ASPCA or something. Maybe $2500? If you don’t pay, your dog’s license isn’t renewed & dog goes to pound and or put down.

  • December 13, 2010 at 1:26 am
    Little Frog says:
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    I’m there with you. Isn’t this exactly what Punitive Damages are for? A person failed to control their property, which is capable of independant action, and resulted in the wilful & brutal destruction of another’s property.
    Also; the “if we let you do this, we have to let everyone else do whatever they want” arguement is just a poor excuse for not being willing or able to exercise reasonable standards of judgement.

  • December 13, 2010 at 1:29 am
    TopCat says:
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    Pick up the little dog when you see the big dog coming. You pick up your kids when there is a big animal around! You carry the damn things through the super market and shopping mall, can’t you carry it when you see danger coming. Common sense.

  • December 13, 2010 at 1:36 am
    Make the Owner Pay says:
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    You must own a breed you can’t control. Walking a dog is an imprudent act? if you pick the dog up the aggressive dog will likely do anything to get at it.

    What nonsense.

  • December 13, 2010 at 1:38 am
    P.K. says:
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    The court is correct. This is a property damage claim only. The fact that people think of their beloved pets as family members is irrelevant. I understand their feelings and loss. But money damages are not warranted and as we all know…..”it’s not about the money”.

  • December 13, 2010 at 1:59 am
    Little frog says:
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    This is the Bernie Madoff mentality; “Hey, its only money; its not like anybody died”.

  • December 13, 2010 at 2:05 am
    TN says:
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    Ok,
    Treat the dog as property, check

    Owner is entitled to be paid for the loss of her dog, check

    “$5,000, mostly for the replacement cost of her dog.”

    Now there is one expensive pooch.

  • December 13, 2010 at 3:12 am
    Compare says:
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    I don’t care if the court is correct or not. What I am saying is the owner of the bad dog in question should have to pay for his/her dog mauling the little dog and it should be punitive. It is punishment for not being a responsible owner. It is a fine to hopefully send a message. This isn’t about trying to get a bunch of money like some of you would like to make it. Responsibility is lacking and it should be punished. If any of you responding owned this little dog and the guy down the street had a large dog that mauled it you would want some sort of punishment or payment for that. This isn’t as easy as fixing a car you dented or replacing a mailbox. This was a vicious attack. Make a fine or make some sort of penalty besides replacing the dog. Send a message it won’t be tolerated.

  • December 13, 2010 at 3:47 am
    TN says:
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    Typically most Countys have the “one strike” rule. If a large dog attacks and/or kills another domestic animal, they put the attacking animal to sleep.

  • December 13, 2010 at 3:47 am
    TN says:
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    Oops, “counties” sorry late Monday afternoon

  • December 13, 2010 at 3:52 am
    Wondering says:
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    I wonder how the owner of the large dog would have felt if the owner of the small dog took out a bat & bashed the large dog’s skull in. Try running that passed the court.

  • December 14, 2010 at 1:20 am
    Joey says:
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    There is a big difference between a pet(dog) and a piece of property (car). The car doesn’t show any affection towards you. The car isn’t happy to see you when you come home. The car isn’t brought into you house to be a part of the family. Big difference. That said, I think there should be some amount of compensation for the pain suffered when a pet unnecessarily dies due to the carelessness of another, whether it be human or animal. THAT said, where you draw the line between dog / cat / lizard / goldfish, I have no idea.

  • December 14, 2010 at 1:24 am
    Expensive Dog says:
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    There are expensive dogs out there. i for example have a $3,000 dog + all the fisrt year care of the dog very easily goes over the $5,000 this person is getting. Not to mention this dog is like my kid. There is no money in the world that would be able to replace my dog.

    All dogs have feelings and even if we don’t treat the wright we can be charge with animal cruelty so why for some cases we are sensitive with the animal and in some cases not.

    I agree and don’t expect thousands of dollars but the person responsible for having a visious dog should pay some type of fine.

  • December 14, 2010 at 2:00 am
    SWFL Agent says:
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    Here’s where you draw the line – you let a jury decide. I dislike frivolous lawsuits as much as everyone else but it’s obvious from these posts that pet ownership means different things to each of us. The value cannot be pre-determined. Some people have this attraction or connection to their pet that could create a lot of trauma if they saw it mauled to death. Others, who tie up their dog in the backyard and feed it every other day, don’t have the same feeling about their pet. I’ll give a friend or neighbor a free pass when their aggressive breed attacks my dog the first time. Acccidents happen. But if I found my neighbor to be a negligent dog owner that habitually cannot constrain their dog you better bet that I am going after more than $5k.

  • December 14, 2010 at 3:29 am
    Kentucky Adjuster says:
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    Hands down the most logical response, in my opinion – -not a knock on any of you others

  • December 20, 2010 at 4:30 am
    Chuck says:
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    how would you feel if you took your friend, a 27 lb Maine Coon cat to your vet for a problem. They say, leave him with us and we will call you when we have examined and treated him. They then fail to even check him for 5 hours and the call you get is “we have had a little problem, Lenny died” ! Offer from the vets Insurer was $250.00.



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