Expert: Morgan Smith - 11/26/2011

Question
The situation is this:

There are three of us living together, one whose name is on the lease the other two of us subleasing from him. The one whose name is on the lease has a dog.

Unfortunately, while loading some things into my vehicle, I had the front door open which created an opportunity for the dog to escape. It appears that none of us, nor any of the neighbors, actually saw the dog slip out. However we can come up with no other explanation for the dog's escape and she is clearly gone.

My roommate loves his dog very much, and while he and I have always gotten along well in the past he is very upset about this and I am worried about how he will react if the dog has been killed or does not make it home.

We're all hoping this doesn't happen, but if this does turn out badly, and my roommate does choose to be vindictive about this, what are the possibilities for him as far as trying to seek legal retribution against me?

Thank you for your time.

Answer
Dear Jon,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about the legal status of a pet, and the relative rights and responsibilities of pet ownership.

In my state, and I believe all others, pets are property in the eyes of the law.  So if you opened a door and your friend's book fell out, you'd have the same liability exposure as the situation you describe.  

I am not qualified to give friendship advice, but I don't see a cause of action that your friend could sustain to a verdict over what you describe.  He may attempt to sue you just because he's mad, but I really doubt he'd win.  I suggest that if you are sued you go to a lawyer licensed to practice law in your state, and get some advice about defending yourself from a frivolous suit.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
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