In property damage disputes, liability is determined through evidence such as witness testimony, physical evidence (like paw prints), and animal identification, where the burden of proof rests on the party claiming damage to demonstrate that the defendant's actions or animals caused the harm.
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Whose Dog Played on the Wet Concrete? | Part 1Added:
- Ms. Crowley, you had a big driveway that needed to be repaved, according to your complaint.
You had it repaved, spent a couple of thousand dollars to have the work done.
People who did the work put some tape, yellow tape around it.
You looked outside, you saw some dogs on the driveway.
- Yes.
- Paw prints. - [Lucy] Paw prints.
- And this was not Grauman's Chinese Theater?
- No.
- And you say that they were the defendant's dogs.
- Yes, they were.
- How do you know they were the defendant's dogs that made the paw prints on your fresh cement?
- I went out there, I saw the two dogs fighting on this freshly poured cement.
I immediately tried to get rid of them, the growls, the dogs growled and snarled at me.
I had to pick up something, throw it at them, and the dogs ran off.
There were two of them.
They looked almost like twin dogs.
And they ran next door to the defendant's house.
- Did you see them go into the house?
- I saw them go onto the property up by his front door gate area.
A short while later, we went over to his house, asked him if he had dogs matching this description, and he said yes.
- Had you ever seen the dogs before?
- No, the defendant had recently moved into the property.
- How recently?
- Maybe two, three weeks before.
- [Judge] And you had never seen the dogs before?
- No, I have since seen the dogs in his backyard.
- [Judge] Both of them? - Yes.
- What do these dogs look like?
- I would describe them as medium sized dogs, rather stockily built, black and white, salt and pepper colored.
So far as I could tell, short course fur.
- Mr. Flores?
- Judge, your Honor.
Okay, so far with the plaintiff is-- - [Judge] Do you have dogs?
- Yes, I do have one dog, your Honor.
- What kind of dog do you have, sir?
- It is an Australian cattle dog.
It's a female, medium size, overweight, shall we say.
And I have another animal.
- Looks like the dog that she described.
- [Luis] Yeah, fairly. - [Judge] Okay.
And you have another?
- No, I got two cats and I got a rabbit.
- Now, according to your answer to the complaint, your female dog sometimes goes into heat.
- Correct, your Honor.
- And so she has friends that-- - Yeah. (audience laughing) Yeah, we can say that, your Honor.
- So your dog got out that day?
- Well, I am not, I didn't see that.
So I can take Mrs. Crowley's statement, that she saw a dog at site, or dogs.
- And she said she saw the same dog that she saw on her driveway in your backyard since.
- Since-- - [Judge] Since the incident.
Is that right?
- Yes.
- So you went and looked at the paw prints?
- [Luis] Exactly.
- You investigated the paw prints.
- That was after four or five days, because the concrete was already hardened.
Okay, and then what I did, your Honor, if you may allow me, I can recall the evidence.
First of all, I took some pictures of the paw prints on Mrs. Crowley's driveway.
- [Judge] Show them to Mrs. Crowley and see if they look the same as-- - Could you recognize Mrs. Crowley, is this your driveway?
(gavel pounding) (dramatic music)
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