Legal Question in Civil Litigation in Massachusetts
sued in small claims court - not responsible
I am a dog trainer and was contacted by the plaintiff to consult re: their Great Dane attacked their Chihuahua. I needed to see the dogs together to diagnos and correct the prob. When the dogs were together the GD attacked the Chi resulting in death. 2 out of 3 family members participated in the consult - 1 of the 3 kept gasping and was nervous (in sm claims docs stated she wanted me to stop - never asked to stop and 2 of the 3 fully participated). I am being sued for $339 + 30 fees for the cost of putting the 16 yr old, sick Chi down. I have asked for proof of the amt & Vet diagnosis - gotten nothing. Tried to settle 50% w/release of claims signed - wouldn't do it - I feel I am not responsible since the GD had attacked the Chi previously. I was pd for an hour of consult $60 but later called and asked to tear up the check which I did as a goodwill gesture. (I was actually there for 2 hrs) I was also threatened over the phone. They contacted the prof organization where they got my contact info - I was found not to be liable or at fault by the IACP. Can I countersue for 2 hr fees $120 and pain and suffering from the threat? can I ask the judge to drop the case - frivoulus? Do I seem liable? T
1 Answer from Attorneys
Re: sued in small claims court - not responsible
I think you have a very good case. I am a little confused where the case is procedureally. Have you filed an answer yet?
Please let me know if you would like my help in filing an answer, or in defending this action. It is possible that you have a number of counter-claims available to you in this instance.