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  1. #1
    Join Date
    Mar 2016
    Posts
    1

    Angry My Neighbor Hit My Dog

    My question involves an injury that occurred in the state of: new York
    Just wondering I live in a trailer park and share half my side lawn with neighbor. while I was outside with my dog whom is not aggressive at all, my dog was walking in the grass and my neighbor came out and hit him really hard with his hand. I was wondering from a legal stand point is this allowed. The dog was still on my half of the lawn so it was my proptery.

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Neighbor Hit My Dog

    There is no statute on battery on a dog. If your dog didn't suffer from the hit just let it go and make nice with the neighbor. Dogs are property not persons.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Neighbor Hit My Dog

    Actually there are laws against battery of an animal. it falls under cruelty to animals which is a catch phrase for just about anything bad you can do to an animal. Whether a person would risk being charged with the crime for what happened in your situation is something only the local prosecutor could answer. If the neighbor had a reason to striie the animal then there may be a concern, legally speaking, for your actions. Unless the neighbor was on property solely controlled by you you have an obligation to restrain your dog such that it does not endanger anybody.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Neighbor Hit My Dog

    Quote Quoting whatasin
    View Post
    My question involves an injury that occurred in the state of: new York
    Just wondering I live in a trailer park and share half my side lawn with neighbor. while I was outside with my dog whom is not aggressive at all, my dog was walking in the grass and my neighbor came out and hit him really hard with his hand. I was wondering from a legal stand point is this allowed. The dog was still on my half of the lawn so it was my proptery.
    Here's the NY statute:

    NEW YORK STATUTES - AGRICULTURE AND MARKETS LAW - CHAPTER 69 OF THE CONSOLIDATED LAWS - ARTICLE 26--ANIMALS - 353. Overdriving, torturing and injuring animals; failure to provide proper sustenance
    A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who wilfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both.


    As reprehensible as your neighbor's act was, it's unlikely to rise to the level where authorities would prosecute. And if your dog wasn't on a leash your neighbor could have a defense. Your opinion as to your dog's non-aggresive nature is meaningless to anybody else.

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