Legal Question in Civil Litigation in Illinois

My dog Max ( 11 lb Dachshund) was bitten by a pitbull (60 lb) a few weeks ago while we were walking. Max was on a leash and the pitbull broke through two boards on his fence. The fence is right next to the sidewalk and the pitbull was going crazy as we walked by. He does this everytime anyone walks past. When we were at the end of the fence line our dogs stopped and the next thing we knew the pitbull had Max in his mouth and was pulling him back into the yard. He came out like an alligator.

Max received 35 stitches and survived. Originally the owners said they would pay all the vet bills. But after the police fined them $150 for neglect they told us they would not pay. At the time of the accident the pitbull was not registered with the county and did not have his rabies shots. A week after the accident they registered him and had his shots.

I sent them a certified letter stating that per initial conversation that they would pay the vet bills I asked for a response within 7 days. On Saturday I received a reply letter and a money order for half the amount. In the letter they stated that we were on private property and that they incurred additional fees also: fine, fence repair, rabies shots, registration and a kennel. I don't feel that any of that is my responsible, that is part of owning an animal.

My question is should I pursue this further? or just settle for half. I missed two days of work and had to pay the entire vet bill ($601.74). Not to mention all the stress that this has caused. Would it be worth my time and money to go to small claims court? If I go to small claims court can I add in my salary for the two missed days plus court fees?

I can email you any of the documents or pictures.

I really appreciate your help, I really don't know what to do.

Thanks for your time and I truly appreciate any suggestions you can offer.


Asked on 3/22/10, 4:04 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

You will have to decide for yourself whether it is worth pursuing. If you were in danger of being attacked also, and your stress is due to that danger and resulting fear, you can also recover for your damages. If your lost days from work were due to the stress caused by being in the scope of danger, you may also be able to recover your lost salary.

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Answered on 3/27/10, 10:30 pm


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