When a dog is injured or killed as a result of a third party’s negligent, reckless or intentional conduct, the dog’s owner is entitled to receive “compensatory” damages. If the dog survived, this would mean the veterinary treatment costs and possibly an additional sum for the dog owner’s emotional distress. If the dog did not […]
Anyone whose dog was injured or killed should obtain a copy of the interactive book, When a Dog Is Injured Or Killed. For more information about the book, click on the book’s cover, on the right. Attorneys should read the excellent annotation Damages for Injuring or Killing Dog by Robin Cheryl Miller, J.D. at 61 […]
The recovery by the owner of the injured dog may be reduced by the degree to which he or she was at fault. For example, if the attacking dog and the injured dog were running loose, the owner of the injured dog might be regarded as being 50% to blame for the incident. If the […]
Sentimental value of dog to owner is often included in the owner’s damages. For example, in LaPorte v. Associated Independents, Inc., 163 So. 2d 267, 1 A.L.R.3d 992 (Fla. 1964), a dog was killed and the owner sued for mental distress. The Supreme Court of Florida rejected the lower court’s assertion that it is improper […]
The owner’s loss of a dog’s companionship often is an element of the dog’s value. In Klein v. St. Louis Transit Co., 117 Mo. App. 691, 93 S.W. 281 (1906), the court declared that, where the dog owner prized his dog very highly, took pleasure in its company, and was proud of the smart things […]
In an action to recover for the killing of, or an injury to, a dog, the owner may be entitled to recover compensation for mental distress. Several states have statutes that establish the conditions for recovery and the monetary limits. The circumstances under which such compensation may be given can also be determined from the […]
If the dog is killed, the owner will receive either the market value of the dog before it died, or the amount it would take to replace the dog, depending on the specific circumstances and the law of the jurisdiction where the incident happened. The market value might be higher than the replacement value because […]
The owner of an injured dog usually is entitled to recover at least the cost of veterinary services, against the person who inflicted the injury, or the owner of the dog that inflicted the injury. (Roos v. Loeser (1919) 41 Cal.App. 783.) However, some courts have held that the dog’s owner ordinarily is permitted to […]
The injury or death of a dog usually is actionable under any one of the following circumstances (also see the cases listed in the section entitled Mental Anguish): It was the result of negligence. It happened because the dog was attacked by a dog that was not on a leash, in a city that has […]
Clearly, Americans love our pets: For example, 67% of pet owners take their pets to the veterinarian more often than they see their own physicians. (1999 American Animal Hospital Association’s national pet owner survey.) In fact, 70% to 93% of pet owners view their pets as family members. (Alan Beck & Aaron Katcher, Between Pets […]