Dog attack

[Sonoran Silkies]

If this dog is attacking animals that are closely accompanied by humans, it is a danger--how long until the "animal" it attacks is a child? You need ALL police and animal control reports for this dog and its owners for say the last five years or the dog's lifespan; not just those related to your animals. Chances are pretty strong that your family and pets are not its only victim. You do need to add in the costs and epenses for the rabbit, ducks, rooster and foal. The trauma faced by your daughter and grandson changes my earlier statement about pain and suffering. Chances are that the trauma they faced will allow that award. (pain and suffering is not usually awarded to animals, only humans)

 

[Oven Ready]

She says her Attorney says she is not responsible for the vet bills and only $100 for the 15 adult laying hens which I quoted $20 for each hen which I thought was fair price considering the time I had them and they were good breeds.

If this is true, then it is to some degree an admission, if not of guilt but, of liability. I'd try to be a bit chummy with her and see if you can get this 'offer' in writing. Then ask for what you want, making sure to advise her attorney that you will persue them through the small claims court. Keep in constant communication with her attorney, it costs you the amount of time it takes to type & print, the attorney will charge her for every single letter - perhaps she might see that financially it'd be better to settle with you than let it drag on and on and ultimately end up in small claims court.

Don't forget her attorney doesn't work for free, I guess he wouldn't mind a stint through small claims court, a nice little earner for him, if she retains him for small claims court.

Listen to what the police have to say, they've been around, they'll know what does and doesn't go down well in your area. Ask around your neighborhood if anyone else is bothered by her dog and if they'd care to talk to the police about it, you never know what else might be going on.​

 

[mistyfeather]

i dont believe she has an atterny, you can request that her "atterny" send you a coppy of his statement, but no lawyer would say that there is no liability because all livestock are protected

find an atterny who also owns chickens

when you go before the juge , take one of your ducks too

 

[Dogfish]

Shoot the dog. Be done with it.

 

[Sonoran Silkies]

Not 100% positive, but I believe that one musrt represent oneself in small claims court--no attorneys allowed (although of course, they can give advice beforehand). The reasoning being that small claims courts are intended to keep all costs low as the maximum amount tjhat can be awarded would be dwarfed by the cost of an attorney.

 

[Slinkytoys]

Nope, attorneys are welcome in small claims court.
Slinky

 

[Oven Ready]

I too am not 100% positive but...

I thought that the Small Claims Court service allowed you to represent yourself, but did not force you to represent yourself.

I am not entirely familiar with US Small Claims Courts procedures, but claims against companies must surely be dealt with by the companies attorneys, not the MD or CEO or whatever. Assuming that companies can use legal representatives it would seem only reasonable that individuals could as well.

 

[greeneggsandham]

Quote:
How come the police or animal control did not put the dog down? That dog could have easily attacked your daughter, grandson, or son and then what? The dog sounds vicious to me and I think re-homing it would be a bad idea. I hate to put animals down, but for some it is the best solution.

 

[Sonoran Silkies]

Quote:
How come the police or animal control did not put the dog down? That dog could have easily attacked your daughter, grandson, or son and then what? The dog sounds vicious to me and I think re-homing it would be a bad idea. I hate to put animals down, but for some it is the best solution.

Agree; I suggested rehoming when I merely understood the dog to have attacked chickens in their pen several times, and an owner who pretty much refused to restrain the dog so that it was free to attack again. Attacking as described in bold adds an entire different element to the picture.

 

[jackiesmamachick]

sometimes I wonder about the law we will see in court what happens I hope the judge has chickens that would help