Service animal was attacked & killed by another dog.

Question

My service animal was attacked and killed at a dog park by another dog. The owners of the husky mix did not even attempt to help me restrain their dog; they even tried to flee the scene. Although I made sure to obtain their info, I have made a claim under the liability portion of their renters' insurance. The insurance company says pets are considered personal property, and they will only pay for the economical damages. However, service animals are not considered pets; they are considered "working animals." The direct results from their negligence have impacted my health and disability. Yes, I can be reimbursed for the service animal, but what about the last year I have had to put into the training and the costs that come along with that? I am not able to work due to my disability and was planning on breeding him with my other small dog for income. Wouldn't that be a loss of income too?

Answer

I am very sorry to hear about your dog. People who believe that an insurance settlement offer is insufficient can sue to try to get more fully compensated. It is possible a court could award for training and other expenses. It is important to note, however, that a court could decide that people who take their dogs to an off-leash dog park are assuming the risk and that no liability will ensue when their dogs get injured or killed. Liability may depend on whether the dog park rules were followed, or the “parent” of the aggressor dog was negligent or knew of his/her dog’s dangerous propensities but brought the dog to the park anyway.