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Edenhope

Animal Injury

8 posts in this topic

My domestic pot belly pig was brutally attacked by 2 dogs that came onto my fenced in 6 acres while "Gilbert" was spending time outside, tethered with his halter on.  The owner of the dogs was found later that night when we got back from the vet.  She apologized and agreed to help in any way.  Over the next 2 months, via text, she agreed to pay for his vet bills.  I finally had to file a claim in Magistrates Court, I asked for a jury trial.  I am planning on serving as Pro Se.  She has gotten an attorney. He still has some pooping problems and as a result has become an outside pig.  My jury selection is next Thursday the 27th.  Can you give me any free legal advice or help with my case?civil case.pages

 

Thank you,

 

civil case.pages

 

 

 

 

 

 

 

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Yuck.  Was it really necessary to post those disturbing photos to ask for help?

 

 There is no way anyone here can or will walk you through how to do a jury trial.  Out of curiosity, for how much are you suing?  My brief survey of South Carolina law indicates that the damages for killing or injuring a pet is limited to the replacement value of the animal.  However, if a dog kills a sheep the damages are twice the value of the sheep that is killed.

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1 hour ago, Edenhope said:

Can you give me any free legal advice or help with my case?

 

Good lord...exercise better judgment as to the pictures.

 

As for your question.  Free legal advice?  No (other than don't gratuitously show your pictures to a judge or jury).  "Help" with your case?  Like what?  All I can tell you is that, based on one site I quickly looked at, pot belly pigs can be bought for anywhere from $25-200.  Demanding a jury trial over a couple hundred bucks is absurd.

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I didn't ask you to be rude.  Obviously, you aren't an animal lover and don't have pets of your own. I adopted this pig, abused, rehabilitated him and then he had to suffer again from people (probably like you) who didn't bother to keep their dogs fenced in!  And No the vet bill was over 3000.00, but when you are already there, and the vet is saving his life (which they did) you do what you can!  Or at least any Humane, person does.

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Thank you RetiredinVA.  These were just the emergency room pictures.  He is not dead,  has made an almost full recovery.  I'm sorry if the photos disturbed you but since time is of the essence I was trying to get all of the information out there.  All I was asking for was his vet bill to be paid, which she had agreed to, but never completely followed through on.  She paid $250.00, of $3000.00

 

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PG1067 was not being rude.  He is a lawyer and lawyers, maybe, look at some aspects of the world a little differently from animal lovers.  You are seeking the assistance of a court in redressing your grievance.  Therefore, you are bound by the laws that apply to such claims.  

 

Like it not, domestic animals like dogs, cats and pigs are legally considered to be pieces of property like cars.  So, if a car is in an accident and can be replaced for $200 the insurance company will only pay $200. In a court case the judge would not allow a verdict more than the replacement value.  The car would be considered "totalled".  This is the case even though the owner might be willing to spend $5,000 to have it repaired, because of its sentimental value.

 

 In your case, another pig can be bought for, perhaps, $200.   Legally, therefore you may be limited to the fair market value of a replacement pig.  That you chose to pay the vet $3,000 to repair the pig does not mean the other party is bound by your choice.

 

If we are wrong, please let us know after the case is over.

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2 hours ago, Edenhope said:

I didn't ask you to be rude.

 

And we didn't ask to be grossed out by pictures of a bloody animal, and you posting such pictures was far more rude than anything I wrote.

 

 

2 hours ago, Edenhope said:

Obviously, you aren't an animal lover and don't have pets of your own.

 

Obviously, you're just speculating based on sheer ignorance.  FWIW, in the half century I have been alive, I have only NOT had pets for less than two years (the last time being about 25 years ago).  Of course, my personal experiences don't have anything to do with the legal issue at hand.

 

 

2 hours ago, Edenhope said:

the vet bill was over 3000.00

 

It's fantastic that you were willing and able to spend so much money on your pet.  However, the eyes of the law, animals are property, no different than a toaster, a TV set or a car.  If your car is only worth $200 and it is damaged by someone else's negligence, you're entitled to the lesser of the cost of repair or $200.  In other words, if it costs $3,000 to repair your $200 car, you're not getting the $3,000.

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