How To Defend Yourself in a Pet Injury or Death Lawsuit
You could be facing a lawsuit from the pet owner if you were involved in an incident in which a pet died or was injured.Loss of sentimental value and emotional distress can add up to a significant amount if pet owners are not allowed to recover for the loss of their animal companions.Before ordering you to pay damages for a pet's injury or death, the court must first find you liable using basic principles of negligent or strict liability law that apply to other personal injury and property damage cases.
Step 1: Look at the complaint and summons.
The reasons for the lawsuit are provided in the complaint and summons.The court in which the lawsuit was filed and the name and contact information of the person suing you are contained in the summons.If the court is far away from you, it raises questions of jurisdiction.The court in the county where the incident took place usually has jurisdiction over the lawsuit.How long you have to respond to the complaint should be indicated by the summons.The deadline is usually less than 30 days after you received the complaint.You may lose the right to defend yourself if you don't file an answer by the deadline.Check the statute of limitations in your state to make sure the person still has the right to file a lawsuit.The deadline for filing claims is provided by the statute of limitations.Statutes of limitations apply to property damage in the case of a pet injury or death.
Step 2: You should look for forms or templates.
Many courts have fill-in-the-blank forms that you can use to format an answer to the complaint.An answer form may be included with the complaint and summons if the lawsuit was filed in small claims court.You can find forms or templates on the court's website or in the clerks office.Ask the clerk for copies of the answers filed in other cases if no forms are available.They can be used as guides to format your answer.Unless you have a fill-in-the-blank form, type your answer using a word-processing application set to print on 8.5 x 11 paper with one-inch margins on all sides.Double-checking your settings is the default for most applications.The top third of the complaint should be copied.You can change the title of the document from "Complaint" to "Answer" if you want.
Step 3: The person has allegations.
You must state whether you admit or deny the allegation.Paragraph numbers are used in the complaint and you can use them to give your answer.A single word response is enough.When necessary, refer to yourself as "Defendant" and the person who sued you as the "Plaintiff", avoid using pronouns or writing in first person.You can either admit or deny the allegation if you don't know anything about it.If you denied the allegation, the court will treat it the same.If you fail to respond to an allegation, the court will treat it as if you admitted it, so be careful.Denying an allegation doesn't mean you're saying it's not true.The court needs to see evidence that it's true in order to make a decision.You should include any defenses that you think apply to your case after you've responded to the allegation.You can either disproving elements of the claim or claim that your actions were justified.The defense that is intended to justify your behavior should be in your answer.Imagine if your neighbor's dog ran through your yard barking and snapped at you as if it were going to bite you.You kicked the dog, causing injuries to your neighbor.You could argue that you acted in self-defense.
Step 4: If you have an answer, sign it.
You're ready to print it out after you've responded to the allegations.Look over your answer to make sure that all names are spelled correctly.The case number you copied from the complaint should be double checked.You can use blue or black ink to date your answer.After it's signed, make at least two copies of your answer, one for your own records and one to have delivered to the person.When you file for the court, the clerk will keep your originals.
Step 5: You should file your answer.
To respond to a lawsuit, you must take it to the clerk of the court where the lawsuit was filed.The deadline for your answer is listed on your summons.Your originals and copies will be returned to you by the clerk.One set of copies is needed for the case.The clerk will explain the procedure and give you forms to use.You can either have the forms delivered by the sheriff's department or a private process serving company, or you can mail them with a returned receipt.You can use certified mail instead of having your answer hand-delivered.
Step 6: You should research your state's law.
Different states have different laws regarding damages for death or injury of animals.Courts will use the same negligent or intentional standards used in other property damage or personal injury cases to determine whether you are liable for damages.The amount of damages depends on your state's law.You can reduce the amount of money you pay if you study your state's law.In some cases the case will be easy to understand.If you hit the dog with your car, and the veterinary bills to treat the injuries amounted to $5,000, you may be able to recover that money from the other party.You may be able to mitigate the damages if the person is claiming emotional distress.If you can prove that you acted with a certain degree of intent, some states will allow it.You will be punished for acting in an abusive or destructive way with these damages.You have to prove your mental state at the time of the incident that resulted in the animal's injury or death in order to be awarded punitive damages.
Step 7: Consider working with an attorney.
You could face criminal charges if you were involved in the death or injury of a pet.If the person has filed a lawsuit in small claims court, you don't need an attorney to represent you.It's not usually necessary to find an attorney who specializes in animal cases.An attorney with experience in personal injury defense is more than capable of helping you if you suffer an injury to a pet.
Step 8: You should talk to witnesses.
If you witnessed the incident that caused the death or injury of the animal, you may be able to testify on your behalf.If the person is trying to argue that you hurt the animal, witnesses may be helpful.If the incident appeared to be an accident to everyone who saw it, it will be difficult to prove that it wasn't.If you are arguing a justification for your actions, witnesses may be helpful.The observations of the dog's behavior made by your son can strengthen your defense.
Step 9: You can participate in discovery.
Through depositions and written discovery, you can exchange information with the other person.There are usually written questions about the case that must be answered under oath, or requests for production, which require delivery of documents or other evidence relevant to the lawsuit.Depositions can involve live interviews with parties or witnesses.A written transcript of the questions and answers is created by the court reporter after the interview.A number of documents will be needed to prove the damages.Copies of veterinary bills are needed to prove what the plaintiff paid for the animal's medical treatment.You should request and analyze the medical and psychological records of the person who is seeking money for emotional distress.You want to know more about the pet.The judge takes the age and type of the animal into account when figuring out what costs were reasonable.A guard dog would be worth more than a pet that provided no benefit.If the animal was old and nearing the end of its life span, a judge won't find extensive veterinary costs reasonable.
Step 10: Consider mediation.
The mediation process can help you and the person you're trying to settle the dispute with.If you don't dispute your role in the injury or death of the pet, mediation might be beneficial.Court clerks have lists of people who are approved by the court.If you work through the courts to schedule your mediation session, you can get it for free or for a reduced fee.In a non-confrontational setting, a neutral third party facilitates a conversation between you and the other party to come to a mutually agreeable settlement of the claim.
Step 11: Prepare your defense and evidence.
Before the trial, outline your presentation and index your witnesses for each point of your defense.If you're representing yourself, you should visit the court before your trial to observe other cases.This will help you understand basic court procedures and give you a good idea of the conduct expected.If you're going to call witnesses before the trial date, you should meet with them so you can think of questions to ask the witnesses.Take notes for each point you want to make, as well as the names of any witnesses you would like to call, in order to organize your defense.If you bring any documents as evidence, you should make at least two copies so the judge can see them at the same time.
Step 12: On your court date, go to court.
If you don't show up for your trial on time, you will lose the chance to defend yourself.Arrive at the courthouse at least 30 minutes early so you have time to go through security and find the right courtroom.You can sit in the gallery when you enter the courtroom.You should wait until your case is called before you go to the tables at the front reserved for litigants.
Step 13: You should pay attention to the case.
The person will usually have the chance to explain his or her claims to the judge.Making faces or rustling papers is not a good way to distract the person.You should keep a pen and paper for notes and write down what the witnesses say.You'll be able to ask the witnesses questions if you're called to testify.If you have no idea what the witness's response will be, ask something that is relevant to the case.
Step 14: Give your defense.
You have the chance to tell the judge your side of the story once the lawsuit is over.Speak loudly and clearly so the judge can hear and understand what you're saying.If the judge asks a question, stop what you're saying and respond to it.The structure of the presentation may affect how you defend yourself, but generally you want to lead with your strongest points and spend the most time on them.Do not repeat yourself or hang too long on the same thing.Trust the judge to get the facts and make your point quickly.
Step 15: Wait for the judge's decision.
After the trial is over, the judge can either enter an order immediately or take the matter under advisement.The judge wants some time to review the evidence and information presented at trial before making a final decision on the case.If you don't get a decision on the day of the trial, you should ask the clerk how long it will take before the order is entered and whether you will be notified.