My Dog Was Attacked By Another Dog In Ma

Location: Central Massachusetts. Good evening. I’m seeking legal advice regarding an incident involving my dog and another dog owned by a neighbor, please.

During a recent walk (my dog was leashed and we were on the sidewalk), my dog (Plott Hound/ French Bulldog mix) was attacked by a Belgian Malinois Shepherd. Per Animal Control, owner stated it’s an ex-police dog and his daughter’s emotion support animal. The dog stood on his hind legs, pushed the storm door open, and pinned and bit my dog on the side walk in front of the house. The other owner, tried unsuccessfully pulling his dog off mine. My dog escaped from underneath the Malinois and ran home (less than a quarter mile away), but the Malinois pursued him all the way. I ran after them, while the other owner sprinted ahead of me.

When I arrived at my home, my dog was lying in the driveway, unable to stand or walk. The other owner was across the street holding his dog by the collar. My dog was later diagnosed with cranial cruciate ligament (CCL) tears in both hind legs (equivalent to ACL injuries in humans). He now requires surgery on both legs, with an estimated cost of $7,000 per leg.

The home owner’s insurance company (dog owner is only house sitting. Dog owner is from NY) has stated they will not consider accepting liability until after the surgeries are completed and final bills are submitted. They are refusing to consider estimates or commit to any coverage in advance, despite my veterinarian advising that the procedures are urgent and postponing them could result in permanent loss of mobility.

I am currently doing everything I can to pull together funding for the surgeries. I would appreciate any legal insight on the following:

-Am I entitled to pursue damages under tort or liability law in this situation? - Is the insurance company’s refusal to consider pre-surgical estimates a common or legally defensible practice? 

• Would filing a claim in small claims court or pursuing a civil case independently be appropriate at this stage, or should I wait until surgery and final bills are completed?
  • Are there any legal strategies or documentation I should pursue now to strengthen a claim, either with the insurer or through the courts?

Thank you very much in advance for any guidance or resources you can provide.