Legal Question in Civil Litigation in Indiana

Re: liability

If you can prove fault, you are entitled to the cost of a new pet.

Re: liability

I am sorry for your loss. One of the essential elements you need to prove to establish liability is that the failure of the business to close a gate in the area your dog goes is the "proximate cause" of your Yorkie's death. I think the business may successfully argue that the fact that your pet was unsupervised was the primary cause of all subsequent harm that befell the creature. Was your pet trespassing? My sense from the brief facts you present is that the business is not legally liable; but there may be other facts that would support the opposite conclusion. Good luck.