How to Sue for Livestock Injury
Take photographs or video., Write down your observations., Call a veterinarian., Contact the police., Identify who is responsible for the injury., Meet with a lawyer., Choose where to file your lawsuit., Think about suing in small claims court., Get...
Step-by-Step Guide
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Step 1: Take photographs or video.
As soon as you know that your livestock have been injured, you should begin gathering evidence.
You should take color photographs or video of your livestock.
Make sure that your photographs or video show the full extent of the injury.
Also note any damage to your property.
Someone might have released your livestock by damaging your fence.
You want to document that as well. -
Step 2: Write down your observations.
If you saw your livestock getting injured, you should write down your memories as soon as possible.
By writing your memories down, you can remember them better.
Also, you can refer to your notes at a later date to remind you of what happened.
Be sure to include all relevant details.
If you saw a person harming your livestock, describe their appearance: height, weight, what the person was wearing, etc.
If a dog attacked your livestock, write down a description of the dog: breed, size, color, and any distinguishing characteristics. , You should call a vet to come out to your place and check your livestock.
The vet can treat your livestock and save their lives.
Even more, the vet’s records will come in handy when you file a lawsuit, since the records are proof of the injury.
Hold onto the vet’s bills.
You can be compensated for any veterinarian treatments needed to treat the injury., In many states, injuring livestock intentionally is a crime.Because it is a crime, if your livestock have been injured, you need to contact the police.
If the police find the individual responsible and prosecutors press charges, they may be found guilty and sentenced to jail time.
In addition, they may have to pay fines.
If the person responsible is found guilty of a crime, it will also help your civil case.
Therefore, it is important to contact the police and pursue criminal charges when possible. , You might not immediately know who is responsible for your livestock’s injury.
However, in order to bring a lawsuit, you need to identify someone as the defendant.
Accordingly, you should ask neighbors if they saw anyone around the livestock and ask if they know the person’s identity.
You also might want to call the police to investigate.
The defendant might have harmed your livestock directly.
For example, if someone shot your horse, then he is responsible for the injury.
Typically, you will rely on eyewitness testimony that someone directly harmed your livestock.
The defendant might also have hurt your livestock indirectly.
For example, if someone broke into your barn and left the door open, then he could be legally responsible if your animals escape and are injured.
To help prove this kind of indirect injury, you should take photographs of your barn and the broken door.
Also gather evidence of how close the road is to your barn.
If the barn is close to the road, then a reasonable person should know that livestock would wander out to the highway if the barn door was left open.
A defendant’s dog might also have hurt your livestock.The owner is responsible for an injury caused by his or her dog.
You will typically rely on eyewitness testimony that the dog attacked your livestock. , You should meet with an attorney before filing your lawsuit.
In particular, you will want to discuss whether bringing a lawsuit is worthwhile.
You can certainly sue for an injury, no matter how small.
However, lawsuits are time-consuming, and you might not want to bother with a lawsuit if the injuries were not serious.To find a lawyer, you should contact your local or state bar association, which should run a referral program.
After you get a referral, schedule a consultation with the lawyer.
At the consultation, you can talk with the lawyer about your case.
The lawyer might also give you pointers if you decide to represent yourself in court. , There aren't any federal laws protecting livestock from injury.Therefore, you will have to sue under your state's livestock laws.
However, you may still be able to file in federal court if you have diversity jurisdiction.
To have diversity jurisdiction, you and the other party must be citizens of different states and the amount in controversy must be greater than $75,000.State courts can hear almost any case involving events that took place in that state.
Think about the following when deciding where to file your case:
Which courthouse is closer to you Which court has more favorable court rules Which court has more favorable judges Which court will have better jury pools , If your lawsuit isn’t worth much money, you might want to sue in small claims.
Small claims court has a maximum that you can sue for, which depends on your state.
Typically, the maximum ranges from $5,000 to $10,000.If you choose small claims court, then you don’t need a lawyer.
It is set up so that people can represent themselves.
Many small claims courts also have non-traditional hours, which allow you to attend court in the evening or on weekends.
However, some small claims courts don’t allow juries.And some don’t allow you to appeal if you lose your lawsuit.
If having a jury or the right to appeal is important to you, then you might want to file your lawsuit in regular civil court. , You start a lawsuit by filing a “complaint” with the court.
A complaint identifies you and the defendant and explains the factual circumstances surrounding the livestock injury.
In your complaint, you also ask the court for money damages as compensation.If you have a lawyer, he or she will draft a complaint and file it.
Be sure to ask your lawyer for a copy of all documents filed in your case.
Many courts now have printed “fill in the blank” complaint forms for you to use.
If you are representing yourself, then stop into your court clerk’s office and ask for a form.
If no form is available, then ask if they have a sample that you could use as a guide.
If no sample is available, then think about hiring a lawyer. , You should provide all requested information.
Print neatly, using black ink.
Alternately, you could enter the information with a typewriter.
Each complaint form differs, but you will generally be asked for the same information:your name and address the defendant’s name and address how much you are suing for the facts surrounding the dispute (“who, what, when, where”) , After you have finished the complaint, you should make several copies.
Take the copies, along with the original, to the court clerk’s office.
Ask to file the original.The clerk should stamp your copies with the date.
Keep one copy for your records.
You will serve another copy on the defendant.
If there is more than one defendant, then each defendant gets a copy.
You will probably have to pay a filing fee.
The amount will vary by court.
Call ahead to ask the court clerk the amount and acceptable methods of payment.
If you can’t afford the fee, you may qualify for a fee waiver.
Ask the clerk for a fee waiver form and fill it out., You have to give the defendant a copy of your complaint.
The court clerk will also help you get a “summons,” which is a legal document commanding the defendant to respond to your lawsuit.
You should ask the court clerk what are acceptable methods of service.
Generally, you can make service in the following ways:
Have the forms hand-delivered by anyone 18 or older who is not a party to the case.
You cannot make service yourself.
Pay to have the sheriff or a private process server hand-deliver the papers on the defendant.
Mail the papers to the defendant.
Someone (not you) should mail the papers first-class or certified mail to the defendant’s home address or, if the defendant is a business, then to the defendant’s business address. , The person who makes service also has to prove that they made service.
They can do this by filling out and signing a proof of service or affidavit of service.
You can get this form from the court clerk and give it to the server.
After filling out the proof of service, the server returns the signed form to you.
You must then file it with the court.Always keep a copy of every form you file with the court. , After you serve the other party with the lawsuit and they respond, you will enter a period of discovery, which is a time to collect and exchange information about the case.
Discovery can be time consuming and expensive.
The process can take months, or even years, and it can often take up a majority of the case budget.
During discovery you will gather facts, speak with witnesses, collect documents, and assess the case.
You will do these things by utilizing the following discovery tools:
Informal discovery, which will include interviewing witnesses, collecting public documents, and taking photographs.
Interrogatories, which are written questions that will be answered under oath.
These can be used in court.
Depositions, which are formal interviews with relevant individuals.
They are taken under oath and the answers can be used in court.
Requests for documents, which are used when you want access to documents that are not publicly available (e.g., emails, text messages, internal memos).
Subpoenas, which are court orders requiring people to produce documents or answer questions., Throughout the legal process you (or your attorney) will be responsible for attending various pre-trial conferences.
These conferences keep the judge apprised of updates.
Some conferences will be about scheduling.
Other conferences will help foster agreements (a.k.a., stipulations)., Once you have a good idea about how your case is likely to proceed (i.e., after discovery), the defendant may file a motion for summary judgment.
In their motion, which will include affidavits and supporting evidence, they will try to show the judge that there are no disputed material facts and that they are entitled to judgment as a matter of law.
In other words, a judge will analyze their motion and make every factual assumption in your favor.
Therefore, to defend the motion, all you have to do is provide evidence and affidavits that show the judge there are disputed issues.
If you can do so, you will defeat the motion and move forward with your case., In a last effort to avoid trial, you should try to settle the case with the other party.
To do so, sit down with the opposite side and discuss your concerns.
Let them know what you need and why you need it.
In return, the other party will tell you what they expect and why they believe what they believe.
If you can find some common ground and find areas of agreement, you may be able to settle the case. , You shouldn’t be late to your trial.
The judge can dismiss the lawsuit if you are late.
Plan to arrive at least fifteen minutes early so that you can find parking and pass through courthouse security.
Remember to dress professionally.
You should look like you are going to a professional job interview.Do not bring food into the courtroom.
You should also turn off all electronic devices before entering. , If you have a lawyer, then your lawyer can handle the entire trial.
You would then possibly testify and offer your advice to your lawyer, but your lawyer will handle all of the nuts and bolts of the trial.
However, if you are representing yourself, then you will need to make an opening statement.
The purpose of the opening statement is to provide a sneak peek of your evidence.
You shouldn’t argue or draw conclusions.Instead, simply tell the judge what you will show during the trial: that your livestock was injured and that the defendant took some action that caused the injury.
For example, you could say, “As the evidence will show, at 5:30 pm on August 22, 2015, my neighbor, Allison Smith, heard barking coming from my property.
And as the evidence will also show, Mrs.
Smith watched as a 100-pound pit bull bit into a horse's leg.” , Your evidence will consist of witnesses and documents.
For example, you can introduce photographs taken of your livestock.
You could also call the veterinarian as a witness.
If you don’t have a lawyer, then you should have written out a list of questions to ask the witness ahead of time.
Remember to stick to the focus of the trial—what happened to your livestock and who injured them.
You can only have people testify to what they saw or heard first-hand.Witnesses can’t testify to rumors, nor can they guess.
For example, you can ask a neighbor if she saw a dog attack your livestock.
But she can’t testify that someone told her whose dog it was.
For more tips, see Question Witnesses when Representing Yourself. , You may testify at trial as well.
You can only testify about events that you have personal knowledge of.
For example, if you saw the defendant hurt your livestock, you can testify as to what you saw and heard.
To be an effective witness, remember the following:
Listen closely to the question and only answer the question asked.
Don’t volunteer extra information.
Never answer a question you don’t understand.
Ask the lawyer to clarify or rephrase.
Always tell the truth.
It is against the law to lie, and you will only hurt yourself if you are less than truthful.
Never argue with a lawyer.
Always project calmness. , If the defendant has witnesses testify, then you or your lawyer will be able to ask questions during cross-examination.
You should listen closely to what the witness says.
The defendant might testify, so you can cross-examine him.
You should try to get helpful information from the defendant.
For example, if the defendant’s dog injured your livestock, then you will want to get the owner to admit that he owns the dog.
You can show him a picture of the dog and ask him whose dog is shown in the photograph.
The witness should admit that it is his dog.
You can use the same picture with all witnesses.
For example, your neighbor might look at the picture and identify the dog as the one that attacked your livestock. , After all evidence has been presented, you will need to deliver a closing argument.
Your goal is to draw together all of the evidence to show that the defendant is responsible for the injury to your livestock.
Remind the judge of specific pieces of evidence.
Your trial might have been spread over a couple days, and people can forget evidence submitted early in the trial.
For example, you could say, “As you remember, you heard testimony from Mrs.
Smith that a pit bull, about 100 pounds, started attacking the horse.
And she identified the dog in this picture as the dog that attacked the horse.” , If you have a jury, then the judge will read the jury its instructions before they retire to deliberate.
If a judge is deciding your case, then he or she will probably deliver a ruling immediately from the bench.
In many states, you can win a lawsuit without a unanimous jury.You can typically win if at least three-fourths or five-sixths of the jurors agree with you.If your jury has 12 members, only nine or 10 would need to decide in your favor. -
Step 3: Call a veterinarian.
-
Step 4: Contact the police.
-
Step 5: Identify who is responsible for the injury.
-
Step 6: Meet with a lawyer.
-
Step 7: Choose where to file your lawsuit.
-
Step 8: Think about suing in small claims court.
-
Step 9: Get a complaint form.
-
Step 10: Complete the form.
-
Step 11: File the complaint.
-
Step 12: Serve notice on the defendant.
-
Step 13: File your proof of service.
-
Step 14: Participate in discovery.
-
Step 15: Attend pre-trial conferences.
-
Step 16: Defend against a motion for summary judgment.
-
Step 17: Attempt to reach a settlement.
-
Step 18: Arrive on time.
-
Step 19: Make an opening statement.
-
Step 20: Present your evidence.
-
Step 21: Testify on your own behalf.
-
Step 22: Cross-examine the defendant’s witnesses.
-
Step 23: Deliver a closing argument.
-
Step 24: Wait for the verdict.
Detailed Guide
As soon as you know that your livestock have been injured, you should begin gathering evidence.
You should take color photographs or video of your livestock.
Make sure that your photographs or video show the full extent of the injury.
Also note any damage to your property.
Someone might have released your livestock by damaging your fence.
You want to document that as well.
If you saw your livestock getting injured, you should write down your memories as soon as possible.
By writing your memories down, you can remember them better.
Also, you can refer to your notes at a later date to remind you of what happened.
Be sure to include all relevant details.
If you saw a person harming your livestock, describe their appearance: height, weight, what the person was wearing, etc.
If a dog attacked your livestock, write down a description of the dog: breed, size, color, and any distinguishing characteristics. , You should call a vet to come out to your place and check your livestock.
The vet can treat your livestock and save their lives.
Even more, the vet’s records will come in handy when you file a lawsuit, since the records are proof of the injury.
Hold onto the vet’s bills.
You can be compensated for any veterinarian treatments needed to treat the injury., In many states, injuring livestock intentionally is a crime.Because it is a crime, if your livestock have been injured, you need to contact the police.
If the police find the individual responsible and prosecutors press charges, they may be found guilty and sentenced to jail time.
In addition, they may have to pay fines.
If the person responsible is found guilty of a crime, it will also help your civil case.
Therefore, it is important to contact the police and pursue criminal charges when possible. , You might not immediately know who is responsible for your livestock’s injury.
However, in order to bring a lawsuit, you need to identify someone as the defendant.
Accordingly, you should ask neighbors if they saw anyone around the livestock and ask if they know the person’s identity.
You also might want to call the police to investigate.
The defendant might have harmed your livestock directly.
For example, if someone shot your horse, then he is responsible for the injury.
Typically, you will rely on eyewitness testimony that someone directly harmed your livestock.
The defendant might also have hurt your livestock indirectly.
For example, if someone broke into your barn and left the door open, then he could be legally responsible if your animals escape and are injured.
To help prove this kind of indirect injury, you should take photographs of your barn and the broken door.
Also gather evidence of how close the road is to your barn.
If the barn is close to the road, then a reasonable person should know that livestock would wander out to the highway if the barn door was left open.
A defendant’s dog might also have hurt your livestock.The owner is responsible for an injury caused by his or her dog.
You will typically rely on eyewitness testimony that the dog attacked your livestock. , You should meet with an attorney before filing your lawsuit.
In particular, you will want to discuss whether bringing a lawsuit is worthwhile.
You can certainly sue for an injury, no matter how small.
However, lawsuits are time-consuming, and you might not want to bother with a lawsuit if the injuries were not serious.To find a lawyer, you should contact your local or state bar association, which should run a referral program.
After you get a referral, schedule a consultation with the lawyer.
At the consultation, you can talk with the lawyer about your case.
The lawyer might also give you pointers if you decide to represent yourself in court. , There aren't any federal laws protecting livestock from injury.Therefore, you will have to sue under your state's livestock laws.
However, you may still be able to file in federal court if you have diversity jurisdiction.
To have diversity jurisdiction, you and the other party must be citizens of different states and the amount in controversy must be greater than $75,000.State courts can hear almost any case involving events that took place in that state.
Think about the following when deciding where to file your case:
Which courthouse is closer to you Which court has more favorable court rules Which court has more favorable judges Which court will have better jury pools , If your lawsuit isn’t worth much money, you might want to sue in small claims.
Small claims court has a maximum that you can sue for, which depends on your state.
Typically, the maximum ranges from $5,000 to $10,000.If you choose small claims court, then you don’t need a lawyer.
It is set up so that people can represent themselves.
Many small claims courts also have non-traditional hours, which allow you to attend court in the evening or on weekends.
However, some small claims courts don’t allow juries.And some don’t allow you to appeal if you lose your lawsuit.
If having a jury or the right to appeal is important to you, then you might want to file your lawsuit in regular civil court. , You start a lawsuit by filing a “complaint” with the court.
A complaint identifies you and the defendant and explains the factual circumstances surrounding the livestock injury.
In your complaint, you also ask the court for money damages as compensation.If you have a lawyer, he or she will draft a complaint and file it.
Be sure to ask your lawyer for a copy of all documents filed in your case.
Many courts now have printed “fill in the blank” complaint forms for you to use.
If you are representing yourself, then stop into your court clerk’s office and ask for a form.
If no form is available, then ask if they have a sample that you could use as a guide.
If no sample is available, then think about hiring a lawyer. , You should provide all requested information.
Print neatly, using black ink.
Alternately, you could enter the information with a typewriter.
Each complaint form differs, but you will generally be asked for the same information:your name and address the defendant’s name and address how much you are suing for the facts surrounding the dispute (“who, what, when, where”) , After you have finished the complaint, you should make several copies.
Take the copies, along with the original, to the court clerk’s office.
Ask to file the original.The clerk should stamp your copies with the date.
Keep one copy for your records.
You will serve another copy on the defendant.
If there is more than one defendant, then each defendant gets a copy.
You will probably have to pay a filing fee.
The amount will vary by court.
Call ahead to ask the court clerk the amount and acceptable methods of payment.
If you can’t afford the fee, you may qualify for a fee waiver.
Ask the clerk for a fee waiver form and fill it out., You have to give the defendant a copy of your complaint.
The court clerk will also help you get a “summons,” which is a legal document commanding the defendant to respond to your lawsuit.
You should ask the court clerk what are acceptable methods of service.
Generally, you can make service in the following ways:
Have the forms hand-delivered by anyone 18 or older who is not a party to the case.
You cannot make service yourself.
Pay to have the sheriff or a private process server hand-deliver the papers on the defendant.
Mail the papers to the defendant.
Someone (not you) should mail the papers first-class or certified mail to the defendant’s home address or, if the defendant is a business, then to the defendant’s business address. , The person who makes service also has to prove that they made service.
They can do this by filling out and signing a proof of service or affidavit of service.
You can get this form from the court clerk and give it to the server.
After filling out the proof of service, the server returns the signed form to you.
You must then file it with the court.Always keep a copy of every form you file with the court. , After you serve the other party with the lawsuit and they respond, you will enter a period of discovery, which is a time to collect and exchange information about the case.
Discovery can be time consuming and expensive.
The process can take months, or even years, and it can often take up a majority of the case budget.
During discovery you will gather facts, speak with witnesses, collect documents, and assess the case.
You will do these things by utilizing the following discovery tools:
Informal discovery, which will include interviewing witnesses, collecting public documents, and taking photographs.
Interrogatories, which are written questions that will be answered under oath.
These can be used in court.
Depositions, which are formal interviews with relevant individuals.
They are taken under oath and the answers can be used in court.
Requests for documents, which are used when you want access to documents that are not publicly available (e.g., emails, text messages, internal memos).
Subpoenas, which are court orders requiring people to produce documents or answer questions., Throughout the legal process you (or your attorney) will be responsible for attending various pre-trial conferences.
These conferences keep the judge apprised of updates.
Some conferences will be about scheduling.
Other conferences will help foster agreements (a.k.a., stipulations)., Once you have a good idea about how your case is likely to proceed (i.e., after discovery), the defendant may file a motion for summary judgment.
In their motion, which will include affidavits and supporting evidence, they will try to show the judge that there are no disputed material facts and that they are entitled to judgment as a matter of law.
In other words, a judge will analyze their motion and make every factual assumption in your favor.
Therefore, to defend the motion, all you have to do is provide evidence and affidavits that show the judge there are disputed issues.
If you can do so, you will defeat the motion and move forward with your case., In a last effort to avoid trial, you should try to settle the case with the other party.
To do so, sit down with the opposite side and discuss your concerns.
Let them know what you need and why you need it.
In return, the other party will tell you what they expect and why they believe what they believe.
If you can find some common ground and find areas of agreement, you may be able to settle the case. , You shouldn’t be late to your trial.
The judge can dismiss the lawsuit if you are late.
Plan to arrive at least fifteen minutes early so that you can find parking and pass through courthouse security.
Remember to dress professionally.
You should look like you are going to a professional job interview.Do not bring food into the courtroom.
You should also turn off all electronic devices before entering. , If you have a lawyer, then your lawyer can handle the entire trial.
You would then possibly testify and offer your advice to your lawyer, but your lawyer will handle all of the nuts and bolts of the trial.
However, if you are representing yourself, then you will need to make an opening statement.
The purpose of the opening statement is to provide a sneak peek of your evidence.
You shouldn’t argue or draw conclusions.Instead, simply tell the judge what you will show during the trial: that your livestock was injured and that the defendant took some action that caused the injury.
For example, you could say, “As the evidence will show, at 5:30 pm on August 22, 2015, my neighbor, Allison Smith, heard barking coming from my property.
And as the evidence will also show, Mrs.
Smith watched as a 100-pound pit bull bit into a horse's leg.” , Your evidence will consist of witnesses and documents.
For example, you can introduce photographs taken of your livestock.
You could also call the veterinarian as a witness.
If you don’t have a lawyer, then you should have written out a list of questions to ask the witness ahead of time.
Remember to stick to the focus of the trial—what happened to your livestock and who injured them.
You can only have people testify to what they saw or heard first-hand.Witnesses can’t testify to rumors, nor can they guess.
For example, you can ask a neighbor if she saw a dog attack your livestock.
But she can’t testify that someone told her whose dog it was.
For more tips, see Question Witnesses when Representing Yourself. , You may testify at trial as well.
You can only testify about events that you have personal knowledge of.
For example, if you saw the defendant hurt your livestock, you can testify as to what you saw and heard.
To be an effective witness, remember the following:
Listen closely to the question and only answer the question asked.
Don’t volunteer extra information.
Never answer a question you don’t understand.
Ask the lawyer to clarify or rephrase.
Always tell the truth.
It is against the law to lie, and you will only hurt yourself if you are less than truthful.
Never argue with a lawyer.
Always project calmness. , If the defendant has witnesses testify, then you or your lawyer will be able to ask questions during cross-examination.
You should listen closely to what the witness says.
The defendant might testify, so you can cross-examine him.
You should try to get helpful information from the defendant.
For example, if the defendant’s dog injured your livestock, then you will want to get the owner to admit that he owns the dog.
You can show him a picture of the dog and ask him whose dog is shown in the photograph.
The witness should admit that it is his dog.
You can use the same picture with all witnesses.
For example, your neighbor might look at the picture and identify the dog as the one that attacked your livestock. , After all evidence has been presented, you will need to deliver a closing argument.
Your goal is to draw together all of the evidence to show that the defendant is responsible for the injury to your livestock.
Remind the judge of specific pieces of evidence.
Your trial might have been spread over a couple days, and people can forget evidence submitted early in the trial.
For example, you could say, “As you remember, you heard testimony from Mrs.
Smith that a pit bull, about 100 pounds, started attacking the horse.
And she identified the dog in this picture as the dog that attacked the horse.” , If you have a jury, then the judge will read the jury its instructions before they retire to deliberate.
If a judge is deciding your case, then he or she will probably deliver a ruling immediately from the bench.
In many states, you can win a lawsuit without a unanimous jury.You can typically win if at least three-fourths or five-sixths of the jurors agree with you.If your jury has 12 members, only nine or 10 would need to decide in your favor.
About the Author
Zachary Perez
Professional writer focused on creating easy-to-follow organization tutorials.
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