Q: I have a question regarding whether or not I can file a small claims court claim.
The situation is this: My husband and our dog were attacked by (4) dogs that were let loose and found there way to my property. The owners failed to respond to his attorney's request regarding insurance of the property where the dogs are housed. The dog owner stated to both the sheriff and animal control that she would pay all medical cost caused by the incident. She has not only ignored inquiries from the attorney, but also my request for payment. The incident cost me $4,000 towards my husband's medical treatment, around $400 for my dog's medical treatment, and additional incidentals. I am looking to file a claim for the maximum $5,500 to cover all cost to me, as the sole provider to the household.
Can I file this claim or will it be thrown out?
A: You can sue anyone, for anything. Will it be thrown out? Only time will tell. Based on what you have written here, it appears your case has merit. However, a lawyer would have to know some additional details to accurately estimate your chances in court. Usually, in small claims court, you will get your trial date, and an opportunity to argue your case. But you should understand that the defendant can always remove your case out of small claims, up to the general docket of the district court. If that happens, you may want to consider hiring an attorney to represent you.
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