Indianapolis, IN asked in Animal / Dog Law for Indiana

Q: what all can I ask for in a small claim lawsuit when a dog has killed our flock of chickens?

A neighbor dog came onto our property, damaged the fence to our chicken run and killed 12 out of 13 chickens. We raised most of these from chicks and has taken 9 months to get established enough to sell eggs. We literally just started selling eggs, being my 9 year old daughters "business". We projected we would make $12 to $15 a week in egg sales. It could take up to another year to re-establish another flock. I'm asking for direction on what all I can sue for in small claims court. I have tried dealing with the owners of the dog but he doesn't agree with my figure. Also, what is the best way to present this case?

Thank you.

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
Answered
  • Valparaiso, IN
  • Licensed in Indiana

A: I'm sorry for your loss.

You can ask the small claims court for up to whatever the limit is in your area. Justia has you tagged as 'Indianapolis.' If you are suing in Marion County I believe the limit is $8,000. Everywhere else in Indiana it is usually $6,000.

From the facts presented in the post, here is what it sounds like you may be able to successfully claim damages for:

Damage to the Fence

Fair Market Value of the Chickens

Cost of the Care given to the Chickens

Loss of Income and Profit from the Chicken Eggs

Court Filing Fees

Emotional Damages

Anything that you can attach a dollar value to you are likely to be able to recover. You can prove how much damage to the fence the dog caused through estimates, time spent repairing it, cost of materials, labor, etc.. You can prove how much each of the chickens would cost to replace (their fair market value) by listings for adult hens. You can prove how much raising them cost through the cost of feed, medical care, etc..

You can also who that you are losing income from the production and sale of the eggs. This is a bit harder to show and courts do not like people attaching arbitrary numbers to these. However, if you sold even just a few eggs, you can use those receipts from the sale or evidence of the sale of eggs to show the court that you were projected to have this much income in the future for as long as the chickens would be able to produce. Do not make these numbers up. If you had x amount of eggs each day/week, use those numbers.

The best way to show the court your evidence is to 1. have it prepared ahead of time 2. have it clearly labeled 3. have it clearly organized 4. have multiple copies (you will want to have a copy for yourself, your opponent will need one and the court will need a copy as well).

Do not wait to gather your evidence. Get it all together ASAP, even before you file.

Label your evidence. For example if you are using pictures (and you should as they are a visual medium that can be easily used to show things), have the pictures labeled, even if it is very simple like 'Damage to Fence.' If you have receipts or invoices and they are not already labeled, do so. If a judge does not make an immediate ruling at the end of your hearing they will be reviewing this evidence letter on their own without being able to get your input. Make it easy for the people reviewing your evidence to know what it is.

Emotional damages is reaching in terms of collecting for damages, especially since these chickens are being claimed as a business. They are hard to quantify and judges do not like granting damages for this. However, since it was your child's project, it may be warranted.

Good luck. Seek advice from a civil litigation attorney if you do not feel prepared. Asking the Small Claims clerk when you file can also be helpful. Most counties have a Small Claims manual ready for the general public.

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