How evidence do I need?
UPDATED: Oct 1, 2022
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How evidence do I need?
A month ago, my neighbor’s dog kept escaping from his pen and chasing my cats. I had asked him to fix the pen because the dogs were very threatening. Recently, the dog has torn the front end of my car off and the bumper, also the dog killed one of my cats. I couldn’t get a picture of the dog attacking the car because he ran when he saw me. I do have pictures of the dog near the car and on my property, I also have pictures of its teeth marks and footprints. Do I need more evidence to have a case because he says that the pictures are not good enough.
Asked on August 30, 2018 under Personal Injury, Georgia
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You have enough that you may win a lawsuit (e.g. if you sue for the repair costs): you can show you have contacted the police, you evidently have pictures of its teeth marks on your bumper or car, and pawprints near the car, and you have your own testimony about how the dogs act. To win a lawsuit, you just have to prove your case by a "preponderance of the evidence," or that is is more likely than note that things occured as you claim they did. Your case just has to be fractionally more credible or believable than the alternative "story" or version of events (i.e. that your neighbor's dog did not do the damage). While no lawyer can every guaranty in advance that you will win a case, you seem to have enough to make a small claims case plausible and worthwhile.
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