Dog injured by a neighbour: who pays the vet?
Dog injured by a neighbour: who pays the vet?
"The other day, my neighbour broke into my garden to get a football. I don't normally mind this at all, except that this time he hit my dog because it was playing with his ball, which supposedly costs a lot of money. The ball wasn't damaged, but my dog was injured. This cost me veterinary fees. Fortunately, my dog recovered quickly, but can I claim the vet bills from my neighbour? Can I go so far as to accuse him of trespassing? Can I also claim compensation for pain and suffering, given that I love my dog very much?
Adeline, Lancy.
A new specific law on the protection of animals was adopted on 16 December 2005. Under Article 1 of the Act, animals are now fully protected in terms of both their treatment and their dignity.
Article 26 of this law states that anyone who mistreats, neglects or violates the dignity of an animal will be punished. This person may be punished by imprisonment or a fine.
In your case, you say that your neighbour hit your dog and that it was injured. Your neighbour has therefore mistreated an animal within the meaning of the Animal Protection Act.
He has therefore been the perpetrator of violence against animals and you can claim reimbursement of the veterinary expenses incurred as a result of this illegal act.
As far as trespassing is concerned, your neighbour entered your garden without permission, which constitutes trespassing under criminal law. It should be noted, however, that your neighbour could rely on your presumed consent, given the neighbourly relationship and the fact that he often came to collect his ball.
It is not certain that you will be awarded damages in this respect.
Each canton has a specialised department under the responsibility of the cantonal veterinarian, who is responsible for enforcing the Animal Protection Act. Ask your vet for the name of the cantonal vet. He or she will guide you through the next steps, so that you can lodge a complaint.
