Equine Law Blog

What NOT to Do When Served With a Lawsuit

People in the equine industry have been known to do unwise and counterproductive things after being served with an equine-related lawsuit, such as:

• A race horse trainer's assistant filed a lawsuit after being bitten by a horse. After receiving the suit, the trainer simply mailed the lawyer who sued her a copy of her state’s Equine Activity Liability Act, assuming (wrongly) that the lawyer would instantly drop the case. That never happened.
• A horse owner, upon receiving a lawsuit, found the name of a lawyer and simply mailed over the papers to him without first determining the lawyer’s ability to handle her case.
• Some people file away or toss out lawsuit papers, with no intention of taking action, under the assumption that inaction will make the case disappear.

Each of these situations really happened, and each person narrowly avoided having a judgment issued against him or her for failing to properly respond to the lawsuit.

Lawsuits should be taken very seriously. The consequences of a tardy response, no response, or an improper response can be costly. For example, the party suing you could ask the court to issue a “default” against you, followed by a request for a judgment. Correcting this problem requires immediate and thorough legal action.

Suggestions for Responding to a Lawsuit

Once you are handed a lawsuit, take prompt action. The reason is simple: state laws and court rules impose time limits on when to properly respond, and it might take time to evaluate your options. Consequently, the longer you wait, the greater the risk that your time to answer will run out, and you can never be sure that the opposing party’s lawyer or the court will allow you extra time.

As you evaluate your options after being sued, here are some ideas to keep in mind:

• If you are insured, yet failed to notify your insurer of the lawsuit, a possibility exists that the insurer might refuse to pay any judgment issued against you. It might even file a lawsuit of its own against you to extricate itself from your situation.
• If you have no insurance, contact a lawyer immediately. Keep in mind that the option of a free, court-appointed lawyer does not apply in cases involving business dealings, equine sales, or injuries related to your horses. You can find a lawyer through recommendations from others, websites (such as www.martindale.com or www.avvo.com or a lawyer referral service from your state or local bar association.
• Representing yourself in court is, of course, your right, but proceed with caution before assuming that you can represent yourself effectively, especially if the other side has a lawyer.

This article does not constitute legal advice. When questions arise based on specific situations, direct them to a knowledgeable attorney.