Photo: 113-115 St. Leonard’s Street Area M 111.

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113-115 . Street 111.
dog gate
Image by National Library of Scotland
Photograph of a one storey flat roofed square building with a wooden sliding door. On the left corner of the building there is a sign that reads ‘Garage'. In the middle there is a group of Two men, a boy and a dog. To the left a sign is over the wooden entrance gates of ‘D. Grieg and Co. Joiners and Builders'.

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Question by R M: If the guys who mow my lawn leave the gate open, and my dog gets out and gets killed, what can I do about it?
On Saturday morning, the guys from the company who mow my lawn came out, did the job and left. Unfortunately they left the gate open. My dog got out, and was run over by a car and killed. Do I have any legal recourse?
Actually, we didn't leave the dog out while we weren't home. They mowed the lawn in the early morning, and at 800am, we left the dog out in the back yard to do her business. That's when she went through the open gate at the side of the house.

Best answer:

Answer by Jennifer C
Yes. You can file a lawsuit in small claims court. It will be difficult to prove, however, because the lawn service will probably say they didn't know the dog was there.

Add your own answer in the comments!

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    • Karen L
    • August 8, 2012

    I’m sorry about your dog, but I don’t really think you can blame this on someone else. Anyone could have left the gate open, and it’s your responsibility to make sure the dog is safe. If I’d been you, I would have checked the gate when I let the dog out, and/or I would have had one of those spring things on the gate so it would always close by itself.

    • Dale
    • August 8, 2012

    Even if they take blame for the gate you said that you let the dog out after they left right. That means you didn’t check to make sure your dog was secure, so you will have a hard time in court sorry.

    • Cat
    • August 8, 2012

    Im so sorry about your dog!

    • dimondpearls119
    • August 8, 2012

    Thats so horrible!!!!!!!
    I am so sorry!!!
    I think you should contact the company definitely……I don’t see why you wouldn’t have any rights….I would do something immediately…I am so sorry to hear about this…Good luck to you with everything…..
    You should contact a lawyer ASAP

    • chexs_girl
    • August 8, 2012

    sue the person…or make them pay the amount you payed for the dog

    • scoutin
    • August 8, 2012

    I am sooooo sorry! A very similiar situation has happened to me recently with my neighbor kids opening the gate to pet the dogs and one got out.
    I am terribly sorry to let you know that not much can be done. I would contact a lawyer (or in my case, a second year law student) to call the company and pitch a fit. You could do this yourself if you wanted to, but getting too emotionally heated could be very bad and less effective.
    The company SHOULD offer some kind of fitting apology (whether it be paying vet bills or something of that nature).
    But if they do not, there is not much you can do.
    This seems too wrong and if things were fair, there would be something to make the situation right. But because they were allowed on your property with your consent and nothing said they had to close the gate (unless something actually said that) there is not much room for justice.

    Again I am TERRIBLY sorry for your loss and I am upset for you

    • ♥Pit Bull♥
    • August 8, 2012

    That’s why you shouldn’t leave your dogs outside when you’re not home.

    You’re both at fault. I’m sorry to tell you.

    I’m sorry about the loss of your dog.

    • heather.bitchhh
    • August 8, 2012

    I don’t believe you do, but the best thing to do would be to call a lawyer or the closest police station and ask them.

    • pomegranatepants
    • August 8, 2012

    Yes, you can sue them for negligence. The only thing is that you’ll have a hard time proving that THEY left that gate open if they refuse to take blame for it. You can sue them for the cost it will take you to replace the dog. I know it sounds heartless, but the court will need you to put a dollar value on the dog, one that can be rationally explained, like the amoutn of money you paid for it and the vet bills you have incurred.

    • 권영윤
    • August 8, 2012

    id still complain about it.
    it was their fault for leaving the gate open even when they left wasnt it?
    well thats just my opinion

    im so sorry for you dog =l

    • djswife_1
    • August 8, 2012

    you need to check about the laws in your area but in my state a pet is considered property and since he “damaged” your property you can take him to small claims court, you will also need to have had signs posted or a notice stating that you have animals to close the gate

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