Should I defend this in small claims court or pay the vet bill?

Lawsuits And Disputes 3 views 3 answers
My neighbor let her indoor cat outside to roam one day. The cat went over into another neighbors yard - which is directly across from my house. My 6 year old son opened my front door & my dog ran out to chase the cat in the neighbors yard. By the time I got over to my dog and the cat - I had to get the cat off my dogs leg - the cat was clawing my dog. I got the cat off & iit walked away. I took my dog back inside to my house and then looked back to see she had picked up her cat and was carrying it. I texted her to check on the cat - she called to tell me that she had taken her cat to the vet. 2 weeks later she presented me with the vet bill telling me her cat had a puncture wound and she had to take it back to the vet because it was throwing up. She sued for $351 in small claims.

Attorney Answers

3
Matthew Burkert ·
Absolutely. That is what small claims courts are for. The neighbor should not have let her cat loose. Have fun and tell your side of the story.
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Jonathan Groth ·
This is a good question. I agree with the other attorneys answer. I wish you the best of luck.
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Stephen Sauer ·
By allowing her cat to roam she probably assumed the risk that it might be hurt. But she will also have to prove that the puncture wound occurred from your dog and not from something else in the environment. That would likely require expert medical proof which she likely won't have. So you have to decide if it['s worth having to go to court to fight the bill or if it's easier to just pay it. Also, it might save relations with a neighbor if you do pay it. But if you defend it, the case is likely in General Sessions Court. Be aware that General Sessions is not really a small claims court. The rules of evidence do apply (which could help you if you object to anything that would require expert testimony) but if she has a lawyer you could be at a disadvantage representing yourself. Some judges will give parties representing themselves some leeway but not always.
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