How to Defend Yourself in a Pet Injury or Death Lawsuit

If you're involved in an incident in which someone's pet dies or is injured, you could be facing a lawsuit from the pet owner. What pet owners are allowed to recover for the loss of their animal companions varies widely among states, but can potentially add up to a significant amount including loss of sentimental value and emotional distress. However, before ordering you to pay damages for a pet's injury or death, the court must first find you liable using basic principles of negligence or strict liability law that apply in other personal injury and property damage cases.^[1]

EditSteps

EditResponding to the Complaint

1. Read the complaint and summons. The complaint and summons you receive provide important information about the person suing you and the reasons for the lawsuit.
   • The summons tells you the name and contact information of the person suing you, as well as the court in which the lawsuit was filed. Check the location of the court – if it's far away from you, that raises questions of jurisdiction.
   • Generally, the plaintiff must file his or her lawsuit in the county where you live, although the court in the county where the incident took place also typically has jurisdiction.^[2]
   • The summons also should indicate how long you have to file an answer in response to the complaint. The deadline typically is less than 30 days from the date you received the complaint. Keep in mind that if you don't file an answer by that deadline, you may lose the right to defend yourself.^[3]
   • Look up the statute of limitations in your state to make sure the plaintiff still has the right to file a lawsuit. The statute of limitations provides a deadline for the filing of claims.^[4] In the case of a pet injury or death, most states will use the statute of limitations that applies to property damage.^[5]
2. Look for forms or templates. Many courts have fill-in-the-blank forms or templates that you can use to format an answer to the complaint.
   • If the plaintiff filed his or her lawsuit in small claims court, there might be an answer form included with the complaint and summons.
   • You typically can find forms or templates by going to the court's website or visiting the clerk's office. If no forms are available, ask the clerk for copies of answers filed in other cases. You can use them 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. For most applications this is the default, but double-check your settings before you begin.^[6]
   • Copy the top third of the first page of the complaint. This is the case's caption, and is the same on all documents filed in the case – except that you'll want to change the title of the document from "Complaint" to "Answer."^[7]
3. Address the plaintiff's allegations. You must address each individual allegation and state whether you admit or deny it.
   • Use the same paragraph numbers as the plaintiff used in the complaint, and then provide your answer. A single-word response ("admit" or "deny") is sufficient. Where necessary, refer to yourself as "Defendant" and the person who sued you as "Plaintiff" – avoid using pronouns or writing in first person.^[8]
   • If you don't know anything about an allegation, you have a third response option: "Defendant lacks sufficient information to either admit or deny the allegation." The court will treat this the same as if you'd denied the allegation.^[9]
   • However, if you skip an allegation and fail to respond to it, the court will treat that as though you admitted it, so be careful to address every one.^[10]
   • Keep in mind that denying an allegation doesn't mean you're saying it isn't true. Rather, you're insisting that the plaintiff carry his or her burden of proof and show the court with evidence that it's true.^[11]
   • After you've responded to each allegation, include any defenses that you think apply to your case. Generally, you can defend yourself by disproving elements of the plaintiff's claim or by asserting that your actions were justified in some way. Defenses that are intended to justify your behavior should appear in your answer.^[12][13]
   • For example, suppose your neighbor's dog ran through your yard barking and snapped at you as though it was going to bite you. In response, you kicked the dog, causing injuries for which your neighbor has now sued you. As justification for your actions, you could argue that you acted in self defense.^[14]
4. Sign your answer. After you've finished responding to the plaintiff's allegations and offering any other defenses, you're ready to print it out.
   • Look over your answer to make sure there aren't any typos or grammatical errors and that all names are spelled correctly. Double-check the case number you copied from the complaint.
   • Sign and date your answer using blue or black ink.^[15]
   • After it's signed, make at least two copies of your answer – one for your own records and one to have delivered to the plaintiff. The clerk will keep your originals for the court when you file it.^[16]
5. File your answer. To officially respond to the plaintiff's lawsuit you must take it to the clerk of the court where the plaintiff filed his or her complaint.
   • You must file your answer before the deadline listed on your summons. The clerk will date and stamp "filed" on your originals and copies and return the copies to you.
   • One set of copies must be delivered to the plaintiff. The clerk will have forms available for you to do this and will explain the procedure. Generally, you can have the forms hand-delivered by the sheriff's department or a private process serving company, or you can mail them using certified mail with returned receipt requested.^[17]
   • Typically using certified mail is cheaper and easier than having your answer hand-delivered.^[18]

EditDeveloping Your Defense

1. Research your state's law. The law regarding damages for death or injury of an animal varies greatly among states.
   • Generally, courts will use the same negligence or intentional standards used in any other property damage or personal injury case to determine whether you are liable for damages.^[19][20]
   • However, the amount of damages to which the plaintiff is entitled depends on your state's law. Even if you believe you will be found liable for the pet's injury or death, you may be able to lessen the amount of money you pay to the plaintiff by studying your state's law.^[21]
   • In some situations the case will be incredibly straightforward. For example, if you hit the plaintiff's dog with your car, and the veterinary bills to treat the dog's injuries amounted to $5,000, the plaintiff typically is entitled to recover that $5,000 from you. If the plaintiff is claiming any additional damages, such as emotional distress, you may be able to mitigate these damages.
   • Some states allow plaintiffs to get punitive damages if they can prove that you acted with a certain degree of intent. These damages are meant to punish you for acting in an abusive or destructive way.^[22]
   • However, keep in mind that if the plaintiff is asking for punitive damages, that means he or she has to prove your mental state at the time of the incident that resulted in the animal's injury or death.
2. Consider consulting an attorney. Especially if the plaintiff is alleging animal cruelty was involved in the death or injury of his or her pet, you could possibly face criminal charges.^[23]
   • Keep in mind that if the plaintiff has filed his or her lawsuit in small claims court, you typically don't need an attorney to represent you.^[24]
   • It isn't typically necessary to find an attorney who specializes in animal-related cases. The injury or loss of a pet usually involves the same law for personal injury or property damages, so an attorney with experience in personal injury defense is more than capable of helping you.^[25]
3. Talk to witnesses. Anyone who saw the incident that caused the death or injury of the animal may be able to testify on your behalf.
   • Witnesses may be especially helpful if the plaintiff is trying to argue that you hurt the animal intentionally. If the incident appeared to be an accident to everyone who saw it, the plaintiff will have an extremely difficult time proving that it wasn't an accident.
   • Witnesses also may be useful if you are arguing a justification for your actions, such as self defense.^[26] If you were charged by your neighbor's dog while your son watched from the porch, your son's observations of the dog's behavior can strengthen your defense.
4. Participate in discovery. Through written discovery and depositions, you and the plaintiff can exchange information or evidence you each plan to use at trial.
   • Written discovery typically consists of written questions about the case that must be answered under oath, or requests for production, which require delivery of documents or other evidence that is relevant to the lawsuit.^[27]
   • Depositions are a little more time-intensive, such they involve live interviews with parties or witnesses. The interview is conducted under oath and recorded by a court reporter, who creates a written transcript of the questions and answers.^[28]
   • The plaintiff will have to produce a number of documents to prove his or her damages. For example, if the plaintiff's pet was injured, copies of veterinary bills would be necessary to prove what the plaintiff paid for the animal's medical treatment.^[29]
   • If the plaintiff is seeking money for emotional distress, you should request and analyze medical or psychological records describing the plaintiff's emotional damages and any treatment for that.^[30]
   • You also want to get information about the plaintiff's pet. The type and age of the animal are factors considered when the judge figures out what costs were reasonable. A working animal, such as a guard dog, would potentially be worth more than a pet that provided no benefit apart from companionship.^[31]
   • Similarly, a judge likely will not find extensive veterinary costs reasonable if the animal was old and nearing the end of its life span.^[32]
5. Consider going to mediation. The mediation process can help you and the plaintiff settle the dispute without a long and stressful court process.
   • Mediation may be beneficial if you don't dispute your role in the injury or death of the plaintiff's pet and simply want to resolve the matter so you both can move on.
   • Court clerks typically have lists of mediators who are approved by the court. In some states these mediators are available for free or for a substantially reduced fee if you work through the courts to schedule your mediation session.^[33]
   • The mediator is a neutral third party who facilitates a conversation between you and the plaintiff to come to a mutually agreeable settlement of the claim in a non-confrontational setting.^[34]

EditAppearing in Court

1. Prepare your evidence and defense for trial. Before the trial, outline your presentation and index your evidence or witnesses for each point of your defense.
   • If you're representing yourself, you may want to visit the court before your trial is scheduled so you can observe other cases. This will help you become familiar with basic court procedures and give you a good idea of the conduct expected.^[35]
   • Meet with any witnesses you plan to call before the trial date so you can go over the questions you want to ask as well as brainstorm questions that might be asked by the plaintiff.^[36]
   • Organize your defense in terms of the points you want to make, taking notes for each point with the names of any witnesses you want to call or evidence you want to introduce.^[37]
   • If you're bringing any documents as evidence, make at least two copies so you, the plaintiff, and the judge can look at it at the same time.^[38]
2. Go to court on your court date. You will lose the opportunity to defend yourself in the lawsuit if you don't appear in court on the date and time your trial is scheduled, and the plaintiff may win by default.
   • Plan on arriving at the courthouse at least 30 minutes early so you have time to go through security and find the right courtroom.^[39][40]
   • When you enter the courtroom, take a seat in the gallery. The judge typically will be hearing several cases each day, so you should wait until your case is called before you move to the tables at the front reserved for litigants.^[41]
3. Pay attention to the plaintiff's case. Typically the plaintiff will have the opportunity to explain his or her claims to the judge first.^[42]
   • Avoid interrupting the plaintiff or doing anything distracting or disruptive, such as making faces or rustling papers. Keep a pen and paper for notes and write down anything the plaintiff or the plaintiff's witnesses say that you want to mention later.
   • If the plaintiff calls witnesses, you'll have the opportunity to ask them questions yourself through cross-examination. Keep your questions relevant to the case and avoid asking something when you have no idea what the witness's response might be – the answer could hurt your case more than it helps.^[43]
4. Present your defense. Once the plaintiff is done, you have the chance to tell the judge your side of the story.^[44]
   • When you're talking to the court, speak loudly and clearly so the judge can hear and understand what you're saying. If the judge asks you a question, stop what you're saying and respond to that question before continuing with your thought.^[45]
   • How you defend yourself may depend to some extent on the structure of the plaintiff's presentation, but generally you want to lead with your strongest points and spend the most time on them.
   • At the same time, take care not to repeat yourself or hang too long on the same thing. Stick to the facts and make your point quickly, trust the judge to get it, and move on.^[46]
5. Wait for the judge's decision. After the trial is over, the judge may enter an order immediately or choose to take the matter under advisement.
   • Taking the case under advisement means the judge wants some time to review the evidence and information presented at trial before he or she announces a final decision on the case.
   • If you don't get a decision the day of the trial, ask the clerk how long it will be before the order is entered and whether you will be notified.^[47]

EditSources and Citations

Cite error: <ref> tags exist, but no <references/> tag was found

from How to of the Day http://ift.tt/1NH0IYa
via Peter