Question
My service animal was attacked and killed at a dog park by another dog. The owners of the husky mix didn’t even try to help me restrain their dog; they even tried to flee the scene. Although I made sure to get their information, I made a claim under the liability portion of their renters insurance. The insurance company says animals are considered personal property and will only pay for economic damages. However, service animals are not considered pets; they are considered “working animals”. The direct consequences of their negligence had an impact on my health and my disability. Yes, I can be reimbursed for the service animal, but what about the last year I had to spend on training and the costs that came with that? I am unable to work due to my disability and was planning to raise him and my other small dog to earn an income. Wouldn’t that also be a loss of income?
Answer
I’m so sorry to hear about your dog. People who believe an insurance settlement offer is insufficient can file a lawsuit to try to obtain more complete compensation. It is possible that a court will award an allowance for training and other expenses. It is important to note, however, that a court could rule that people who take their dogs to an off-leash dog park assume the risk and that there will be no liability if their dogs are injured or killed. Liability may depend on whether the dog park’s rules were followed or whether the “parent” of the offending dog was negligent or knew of their dog’s dangerous tendencies but brought him to the park anyway.
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