How to Defend Yourself in a Livestock Injury Lawsuit

Step-by-Step Guide

1. 1

   Step 1: Call your insurer.

   Most injuries to livestock are caused by dogs.
   
   If your dog has injured someone’s livestock, then you should call your insurer.
   
   Your homeowners or dog owner’s liability insurance might cover the claim against you.
   
   For this reason you should contact your insurer as soon as possible with the following:pictures of the injury the names of the livestock owner and any witnesses police report
2. 2

   Step 2: Get evidence of the injury.

   Try to get pictures or other evidence of the injury to the livestock.
   
   If the livestock wandered onto your property, find evidence.
   
   Take pictures of hoof marks on your lawn or broken down fences.
   
   If you can get a picture of the injury to the livestock, then that would help as well.
   
   Also get a copy of any police report. , The livestock owner will file a complaint in court to start the lawsuit.
   
   In the complaint, the owner explains the facts that gave rise to the dispute and also explains what he or she wants from the court (usually money damages).
   
   You will receive a copy of the complaint along with the summons.Read both documents closely.
   
   In particular, pay attention to the deadline for responding, which should be on the summons. , You face an uphill climb defending yourself in a dog bite case.
   
   In particular, the law will apply “strict liability.”This means that the livestock owner doesn’t need to show that you were reckless in how you handled your dog.
   
   The livestock owner doesn’t even need to show that you were careless.
   
   Instead, the livestock owner only needs to show that you own the dog and the dog bit the livestock.
   
   It is very difficult to get out from a strict liability offense.
   
   However, you could argue that the livestock owner waited too long to file the lawsuit.
   
   Your state’s statute of limitations requires that plaintiffs bring suits within a certain amount of time.
   
   Search for “livestock injury statute of limitations” and your state to find out how long a plaintiff has to file the lawsuit.
   
   You might also be able to argue that the livestock broke into your property, where it was bitten.
   
   If the animal caused damage to your property, you could also bring a counterclaim.
   
   In your counterclaim, you sue for the damage the livestock caused to your property., You respond to a complaint by drafting and filing an answer with the same court.
   
   In the answer, you admit, deny, or claim insufficient knowledge to admit or deny each claim.
   
   You can also raise any defenses or counterclaims.Your court might have a printed answer form you can use.If not, then you will have to draft your own.
   
   You can ask the court clerk if there is a sample you can use.
   
   Alternately, you can search the Internet for sample answers.
   
   For more information, see Answer a Civil Lawsuit. , Make several copies and then take them all to the court clerk.
   
   Ask to file the original.
   
   Then have the court clerk stamp all of the copies with the date.
   
   You must also serve a copy of the answer on the plaintiff or the plaintiff’s attorney (if there is one).Ask the clerk for the acceptable methods of service. , You can have a lawyer represent you in court.
   
   However, if you want to represent yourself, then you should prepare for trial by gathering any evidence you want to submit.
   
   You might introduce photographs, a diagram of your property, or a police report.
   
   You can turn these documents into exhibits by getting exhibit stickers from your nearest office supply store or from the court.
   
   You can attach the sticker on the back of the photograph or in a blank space near the bottom or top of a document.
   
   If you have any witnesses, then you may need to serve them with a subpoena.
   
   A subpoena is a legal document that commands the witness to appear in court on the trial date.You can get a subpoena from the court clerk.
   
   Ask about acceptable methods of service. , A trial will consist of jury selection, an opening statement, the presentation of witnesses, and then a closing argument.If you are being sued for a large sum of money, then you might want to hire a skilled attorney to represent you.
   
   You also might be sued in small claims court.
   
   Procedures in these courts can be somewhat different from a regular civil trial.
   
   For example, you may choose not to be governed by the rules of evidence.
   
   There will also not be a jury.
   
   Instead, the judge in small claims court typically decides the case.
   
   You should get any available small claims court handbook or manual published by the court.
   
   Often, these are published online and contain helpful information for representing yourself in a small claims hearing.
   
   See Win in Small Claims Court for information on how to handle a small claims case.
3. 3

   Step 3: Receive a complaint.

4. 4

   Step 4: Identify defenses.

5. 5

   Step 5: Write your answer.

6. 6

   Step 6: File the answer.

7. 7

   Step 7: Prepare for trial.

8. 8

   Step 8: Attend the trial.

Detailed Guide

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