Can I sue my roommate for causing my dog's injury?

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My dog was hit by a truck when my roommate took it out to the yard without my permission. I was not at home during that time. I received my roommate's text message telling me that I have to go home immediately because my dog involved in an accident. She told me that she took my dog out without leash, along with her own dogs. Her dogs ran across the road suddenly, and she immediately attempted to get her dogs back. The road was in heavy traffic. My dog followed her in the whole process. Unfortunately it was hit by a truck when it was crossing the road. The truck just hit and ran after the incidence. I would like to know what is the chance of winning if I sue my roommate to claim the medical bill amount back for my dog. Besides, can I make a claim for mental damage compensation? By the way, my roommate insisted that she's not responsible for any of this.

3 Attorney Answers

Maybe.
Depends on what the court believes happened, what the roommate admits to, and what you can prove. You MAY be able to recover some damages for medical. Mental damage compensation--doubt it.
Recommend you see an attorney in your area with experience in animal law/rights.
Was the hit-and-run reported to the police?
"By the way, my roommate insisted that she's not responsible for any of this."
Then you have an evidentiary problem; no independent, substantive evidence of her negligence. There is also the problem of actually collecting, should you even prevail.
I'm sorry about your dog but I agree with both of my colleagues - you have the burden of proof. How long were you gone? How long was the dog in its crate? Will your roommate claim the dog had to go to the bathroom, which is why she took him out?
In addition, even if you win a judgment (vet expenses only) you may never be able to collect the judgment - winning and collecting are two entirely different things.

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