Legal Question in Civil Litigation in California

I had a registered AQHA mare that was due to foal in 2-2010. She was savagely attacked and killed by two loose pit bulls on 12-25-2010. I would like to sue. My question is do I sue the dog owners or the property owner from which the dogs escaped? Or both? The horse was irreplacable and was a member of our family for 7-8 years. She was from a line of performance horses and had siblings who sold for as little as $5,000 and up to $150,000. I would also know if this is a case I need a lawyer or is it a small claims issue? I have demanded restitution from the dog owners and they have threatened to counter sue for the value of the dogs which were destroyed.


Asked on 2/03/10, 7:11 am

2 Answers from Attorneys

Melvin C. Belli The Belli Law Firm

Sorry to hear of your loss. You should sue both the owners of the dogs and the landowner who is more likely to have insurance coverage. The dog owners are strictly liable for the injuries or damages their dogs did. I believe there is a statue specifically about dogs and livestock as opposed to the strict liability for bites to humans. It will not be difficult to prove liability against the dog owners, the land owner may be more difficult and would depend on their knowledge of the dogs being there and possibly having some defect in the property that allowed the dogs to get out.

The limits in small claims court is $7,500.00 So if your horse is worth more than that you will need to file in Superior Court.

This big issue in your case would seem to be establishing a value for your mare. Unfortunately the law only values animals for their replacement value without regard to any sentimental value.

As for the dog owners threats they are ridiculous, insensitive, and groundless.

If you would like to discuss your situation further for free please give us a call at (866) 981-1850 or visit our website at www.bellilaw.com. This is a matter we would take on a contingent basis which means we would take a percentage of what we recover for you and you would owe us nothing if we did not get you a recovery.

Hope this helps and again feel free to give us a call.

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Answered on 2/08/10, 8:42 am
Daniel Bakondi The Law Office of Daniel Bakondi

Sorry to hear about your horse. I love horses. Definitely sue in Superior Court Unlimited Jurisdiction, and definitely have a lawyer. Chances are that having a lawyer will pay for itself many times over. Dont worry about the countersuit - you should win that issue. You should sue all the parties who may be at fault including the property owners and the dog owners. I would try to go for the full $150,000 or more, depending on your facts.

I am happy to give you a free consultation, and offer you a very reasonable rate if you decide to have me handle this for you.

Best,

Daniel Bakondi, Esq. [email protected] 415-450-0424 IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

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Answered on 2/08/10, 11:09 am


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