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Wrongful Death
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Personal Injury
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Tainted Pet Food And Compensation
Rights For Your Sick Cat Or Dog
Most pet owners
love their pets more, in some instances as much or perhaps even more than
a human
being. They look upon
their pets as life long companions and as friends.
These friends loyal, they
offer comfort, empathy, support, and unconditional love. In turn pet owners treat their pets
with great affection and offer the best they can afford and sometimes the
best, even if they can’t afford it. Divorces often lead to fierce bitter
battles over the custody of an animal.
Sometimes divorcees spent as much money fighting over the custody
of a cat or dog, or other animal as they do fighting over custody of
their children. Some divorces are
even initiated as result of a pet and it is not unusual for unmarried
couples to end their relationships over pets.
When
our pets get sick it is not unusual for pet owners to spend hundreds or
even thousand in medical treatment.
Some of us even forego medical care for ourselves, but not for our
pets. For whatever reasons, we
love our pets so much we are willing to sacrifice other things to insure
our pets are cared for.
Some
of you may have heard of outrageous donations made by the general public
for an injured animal or a lost dog.
We have seen vast resources spent fetching a puppy out of a gutter
or a rescuing a cat from a hole.
We have seen men and women risk their lives rescuing cats from
trees. More often than not a cry,
for help for a young child needing medical care falls on deaf ears, but
the same is not true for a puppy needing surgery. Donations for animals, more often than
not, will beat donations for our fellow human beings. Regardless of any one’s
individual feelings, pets are highly regarded and any type of abuse or
suggestion of abuse can lead to dire consequences.
So,
how does the legal system treat pets?
How much are you entitled to get from a tortfeasor that injures or
kills your cat or dog or other pet ?
In recent weeks tens of thousands of pet owners throughout the
country have been asking about this very question. They want to know about their rights as
pet owners and about the individual rights of their pets.
Tainted
pet food has made its way throughout the country and allegedly killing or
making cats and dogs sick throughout the country. Some owners look upon their ill
companions and wonder about how much they are suffering or have suffered
and contemplate the idea of a lawsuit.
Some have gone further and have discussed the matter with an
attorney, and further still some have retained attorneys and have
actually filed lawsuits.
What
most pet owners are surprised to find out is that despite our
relationship with our pets the laws do not reflect the same degree of
protection for out pets. For the most
part pets are not much different than any other item in your home.
There
are not personal injury rights for animals and a lawsuit cannot be
brought on behalf of the pet for personal injury. Even if an animal’s pain and
suffering is real, it is not a cause of action, meaning they cannot sue
and pet owner cannot sue on their behalf.
Medical
expenses for animals are likewise treated as if they were property. In car or truck accident the liability
to the defendant is limited to the repair or replacement of the fair
market of the vehicle. The
defendant is not required to pay whatever it takes to bring the damage
car back to it is pre accident condition.
If the vehicle cannot be repaired for less than its fair market
value, then it is declared a total loss and the fair market value of the
vehicle is paid. The same is true
of a dog or a cat or any other pet.
Anyone
causing harm to a cat or dog or other pet is liable only to the extent
that is reasonable and does not exceed the fair market value of the cat
or dog. You have to look at how
much the pet is worth at the time of the incident. If it costs more to bring the pet back
to health than what the pet is worth, then you are unlikely to get all
your medical expenses paid for.
The liability would be limited to the fair market value of the
pet, which in many instances may not even be enough to pay for the fist
visit to the vet. With a few
exceptions that is how pets are treated.
This is true in almost every state.
There
are a few exceptions, if there is something special about the pet, then
compensation beyond the fair market value of the pet is likely due. Such an example would be a seeing eye
dog or other animal with special skills that makes for a very special
animal in the eyes of the general public and not just the owner. There are also exceptions between
intentional harm and negligence harm caused your pet. There are also potential criminal
penalties against those that cause intentional harm to a pet.
Speak With a San Diego
Personal Injury Attorney Today
San Diego (619) 573-4501 begin_of_the_skype_highlighting (619) 573-4501 end_of_the_skype_highlighting San Marcos (760) 471-4624
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