Summary
On three separate occasions, a couple’s dog was attacked by their neighbour’s dog. The couple’s dog was left with cuts and bruises from the attacks.
The Attacks
The first attack happened on June 14, 2013. The man heard yelping from outside his house and saw the neighbor’s daughter scolding their dog who had just attacked his dog. At first, he noticed bumps on his dog’s neck but thought it was nothing serious. Four weeks later an infection developed. The couple took their dog to the veterinarian who determined that there was a bite wound that had become infected.
The second attack took place on October 12, 2013. The neighbor had let their dog out and it came onto the couple’s property and attacked their dog. Both the couple and the other dog owner witnessed the attack. The neighbor paid the vet bill which was $190.05.
The third attack was the worst attack. It occurred on January 31, 2014. No one witnessed the attack. The woman had let their dog out and when he came back in, she tried to brush the snow off him and he yelped. The dog hid in the corner for the rest of the day. The next morning the couple took the dog to the vet and upon examination, the vet found 2 puncture wounds and bruising on the dog’s hip. The dog had to undergo surgery on January 31, 2014, and there were many follow-up treatments. The dog didn’t fully recover until April 27th of 2014.
Liability
The neighbor admitted liability for the second attack but not the first or third one. The judge determined that based on the evidence it was most likely that it was the neighbor’s dog that attacked the couple’s dog on all three occasions. The judge found the neighbour fully responsible for the injuries the couple’s dog suffered.
Compensation
The judge ordered the neighbour to cover the vet bills for the couple’s dog which was a total of $1,972.19. The judge also awarded the couple $1000 in general damages.