Hello, My toy Pomeranian was mauled by a Doberman without provocation in society premises. While trying to rescue my dog i was hurt and have suffered Sciatic nerve injury hence unable to walk. The pom passed away during treatment. I also got x-ray done and doctor suggested MRI. Came to know after the event the dog had attacked earlier to other dogs as well. I want to pursue Civil Suit atleast.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
issue legal notice to owner of dobberman seeking compensation
2) file police complaint with society regarding attack by doberman in society premises
3) file suit for damages
4) enclose your X-rays, upcoming MRI, physiotherapy, and long-term treatment for the sciatic nerve injury. The costs incurred during the treatment of your Pomeranian before it passed away.
5) Since you are "unable to walk," you can claim for the loss of earnings during your recovery period.
I am very sorry for your loss and for the injuries you have suffered. What you have described is not merely an unfortunate incident but a clear case of negligence under Indian law. The owner or handler of a dog is strictly liable for harm caused by the animal, particularly when the attack is unprovoked, occurs in a common area such as society premises, and when there is a known history of aggression. The fact that the Doberman had attacked other dogs earlier is a significant factor and strongly supports your case, as it shows prior knowledge of the danger by the owner.
You have strong grounds to initiate a civil suit for compensation against the dog owner and, in certain circumstances, also against the housing society if it can be shown that they were aware of the dog’s aggressive behaviour and failed to take preventive action. In such a civil suit, you can legally claim compensation for the veterinary expenses incurred for your Pomeranian, the value of your pet, mental agony and emotional distress, your medical expenses including X-rays, MRI and treatment, loss of income if your injury has affected your work, and compensation for pain and suffering due to the sciatic nerve injury.
It is extremely important to preserve and collect evidence as soon as possible. This should include all your medical records, prescriptions and diagnostic reports, veterinary treatment records and any report confirming the death of your dog, photographs or videos of your injuries and your pet’s condition, CCTV footage from the society premises, and statements or contact details of any witnesses such as neighbours, security staff or residents who saw the incident. If possible, you should immediately make a written request to the society management for CCTV footage and for any records of prior complaints or incidents involving the same dog.
As a practical first step, it is advisable to send a formal legal notice to the dog owner and, if appropriate, to the society management demanding compensation within a specified time period. In many cases where liability is clear, matters are resolved at this stage itself without the need for prolonged litigation.
If there is no satisfactory response to the legal notice, you can proceed to file a civil suit for damages in the civil court having jurisdiction over the area where the society is located. The suit would be based on negligence and strict liability principles, and you are not required to prove intention, only that the harm occurred due to the owner’s failure to control a dangerous animal.
Separately, though not mandatory, you also have the option of initiating criminal proceedings by filing an FIR for negligent conduct causing injury and death, which can often exert additional pressure and encourage an early settlement.
If the housing society had prior knowledge of the dog’s aggressive behaviour and failed to enforce safety rules such as leashing or muzzle requirements, or ignored earlier complaints, they may also be held jointly liable for compensation.
Given the unprovoked nature of the attack, the previous history of aggression, the death of your pet, and the serious injury suffered by you in a common area, your case is legally strong and well-supported under current jurisprudence.
Your immediate next steps should be to gather all relevant documents and evidence, formally request CCTV footage and records from the society, identify witnesses, and issue a legal notice. If compensation is not forthcoming, filing a civil suit for damages would be the appropriate remedy.
Please note that this guidance is provided for general informational purposes on a pro bono basis and does not constitute formal legal advice. For tailored strategy and representation, you should consult a local advocate with all your documents.
Once again, I extend my sympathies for your loss and wish you a speedy recovery. You are well within your rights to seek justice and compensation in this matter.
File a civil suit tor damages
- As per Animal Welfare Board of India, if any pet owners not violating any municipal law then it is permitted to have the same in society, and Animal Welfare Laws do not protect dangerous conduct.
- Further, the Section 289 of IPC , criminalizes negligent conduct with respect to animals, punishing owners who fail to prevent danger to human life or safety. Violations can result in up to six months imprisonment, a fine of up to Rs.1,000, or both.
- Hence, you can lodge complaint against the owner of the said dog and also with the Animal Welfare Board of India
- Further , for claiming the expenses and compensation you can send a legal notice firstly.
You can file a civil suit for compensation (damages) under the law of torts (negligence & strict liability) and the grounds will be that the dog owner was negligent, that the dog was not properly controlled (leash/muzzle/supervision, that the owner knew dog had aggressive tendencies and the attack occurred in common area.
Doberman is considered a guard/strong breed, so courts often expect higher care.
Owner of dangerous animal is liable even if there was no intention.
You can ask for compensation for the loss of pet besides compensation for personal injury, sciatic nerve injury is considered serious and strengthens your case.
You may collect all the evidences including the death certificate of the dog.
You may send legal notice to the dog owner, Society / RWA, file police complaint simultaneously. If no settlement then file civil suit for damages
How do I file a petition in court to put down that aggressive dog ?
File FIR against owner of the gif for negligent conduct with respect to animal under section 289 of IPC
if police refuse to lodge FIR file private complaint before magistrate under section 133 of cr pc .magistrate can pass orders for removal of public nuisance that is dangerous to the community
You can contact any advocate in the local, discuss the subject with the chosen advocate and proceed as per the guidance of the chosen advocate
You cannot directly ask a civil court to “put down” (euthanise) a dog as a first option. Courts treat euthanasia as an extreme last resort because of animal protection laws. But you can move the court to declare the dog dangerous and order lawful action, which may ultimately include euthanasia if experts certify it as necessary.
1.File FIR if denied then file 156(3)
2.File Civil Suit for damages/compensation
3.The dog owner and society are liable
4. File complaint to Nagar Palika
If there is a delay then move High Court
You can’t file any such petition. You can’t put down a dog like this
Dear client,
The legal action you can take is yes, however, in India, you generally would not be able to file a court petition to euthanize your dog directly, as dogs are protected by animal welfare laws; but you can make a complaint to the authorities and file a request for a declaration from the court on the dog being dangerous, and to request the authorities to take action against the owner of the dog.
The first step is to make a complaint with the local police station regarding your incident, indicating that the Doberman attacked your dog, and resulting in harm to you; and that it was due to the negligent owner's actions that this occurred, and that they caused risk to your life under criminal law.
The second thing you need to do is file a complaint with the Animal Husbandry Department of BBMP (Bruhat Bengaluru Mahanagara Palike). BBMP has the authority to inspect the dog for the purpose of determining whether it is aggressive, and if so, to take action such as declaring the dog to be dangerous and requiring the owner to impose strict safety precautions or remove the dog from areas frequented by the public.
The third thing you will file is a civil suit in civil court to seek compensation for:
Additionally, you can request an injunction from the court to require the dog owner to restrain the dog or control the dog in relation to how it might injure someone in the future.
If you have any query please feel free to contact us
