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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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A lady put my horse with out teeling me in advance,she's not

Customer Question

a lady put my horse with out teeling me in advance,she's not a vet
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer, I am sorry to learn of this situation.

If someone did something to your animal without your instruction or authorization they are liable to you for the damage they have done to your property. The amount of damages is valued as the cost of repair or replacement.

(I apologize, but I cannot tell from your post whether the woman caused injury to your horse or actually killed the animal, but the damages would be calculated as follows):

  • If she injured the horse, she is liable for any vet fees that you incur, plus costs of transportation, etc. to get the horse healthy. If the horse cannot be rehabilitated to the condition that he was in before, you are entitled to compensation for the difference between the value of your horse in a healthy state and the value of your horse in their diminished state after rehabilitation.
  • If she caused the horse to be killed, she is liable for all costs of disposing of the horse, plus the cost of replacing the animal with a similar horse of like kind and disposition/training. Plus any other fees proximately related to the death of the horse.

While there are no "pain and suffering" type damages associated with these claims, if you can show that the woman acted intentionally (as opposed to negligently) you may also be able to get a court to award you "Punitive" (also called "exemplary") damages in addition to your compensatory damages (discussed above). These damages are set by the court after trial.