I hope this is the right forum for this, do I have a case?

[dphelps314]

What is the name of your state (only U.S. law)? Missouri

I recieved a letter yesterday that said The local Humane Society has my cat and if i didnt pick him up by aug. 27 he would be killed. My cat had been missing for 3 months, so you can imagine how excited I was. I called my mother and other family members as i got ready to go. It said there would be a $45 fee to recieve him, so i took out a advance on my paycheck. When i got there I was told that he was dead when they recieved him on Aug. 17th, DOA. My heart suck and I burst into tears. It took me so long to get over this and now I have to go through all of that again. They also want $30 for his remains. My brother told me it's a case of Intential Infliction of emotional distress, do I have a case?

 

[JETX]

My brother told me it's a case of Intential Infliction of emotional distress, do I have a case?

Unless you can prove that they called you and lead you on... purely to hurt you, no.

 

[dphelps314]

They gave me a paper that said he was DOA. The letter I got in the mail said he was alive and i had to come get him.

 

[JETX]

They gave me a paper that said he was DOA. The letter I got in the mail said he was alive and i had to come get him.

So what?? Errors happen.
Can you prove they knew of the death and sent you the letter any for the purpose of causing you emotional or physical 'damage'??
Of course not.

This is NOT the legal lotto.... and you didn't 'win' anything.

 

[dphelps314]

I know i didnt "win" anything, in fact I lost something very very importent to me, something that it took me a long time to get over and now I have to do that all over again because of their error (I recieved 2 letters on the same day btw, so they made the error twice). You can think that I am out for money, but I would do anything to make sure this doesn't happen to others in my situation. Thanks for being sensitive to my situation.....

 

[quincy]

dphelps -

In Missouri, the court looks at Intentional Infliction of Emotional Distress as conduct that is "so outrageous in character and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as so atrocious, and utterly intolerable in a civilized community." Restatement (Second) of Torts section 46 cmt.d (1965).

This is a pretty hard proof to make under any circumstance and, unfortunately, it would be even harder to demonstrate when the emotional distress is caused by the death of an animal. Although animal-lovers consider their pets friends, companions and an integral part of the family, animals are still legally regarded as "property" in most states.

So, in order to have any chance at all at winning an intentional infliction of emotional distress action against the Humane Society, you would have to prove that the Humane Society acted intentionally or recklessly, and their conduct was extremely outrageous, and their actions caused emotional distress so severe that medical care and treatment was sought.

I did look at other Missouri laws. In a very quick review of Missouri statutes, I came across the Missouri Uniform Disposition of Unclaimed Property Act, which had a few sections that could potentially apply (although I am not sure they have ever been applied to "animal property" before - despite the fact that animals are still looked at legally, for the most part, as property). You would really need to sit down with an attorney and review this and all other potentially applicable laws BUT - I honestly don't think you have any legal recourse.

Sitting down with an attorney is expensive and, although I can understand how devastated you were to hear that your cat had finally been found only to discover that your cat was dead, and I know you want to punish the Humane Society in some way for the letter you received, I am afraid that there is very little you can do, with or without the help of an attorney.

I'm sorry for your loss.

 

[Quaere]

Unfortunately, because the Humane Society is non-profit and staffed in large part by volunteers, errors with tragic consequences are frequent.

Unless your archenemy works at the Humane Society, you would never convince a jury or anyone else that what happened was intentional. Even if you were entitled to compensation, would you really take money from the Humane Society?

If you want to help prevent such incidents in the future, I suggest sending a letter to the editor of your local paper, explaining what happened. You might end the letter by making the following points:

1. The owner of a lost animal should check with all local animal shelters AT LEAST once a day, to see if the missing animal has been located. Due to lack of staff, these places are usually very disorganized. Often they don’t even know what animals are in their care. You can’t simply report your animal missing once and then assume “someone” there will make the connection when your animal arrives at the shelter.

2. Encourage people to donate money and/or their time. A little public attention to this problem might lead someone with clerical/programming skills to offer some assistance with the HS’s record keeping methods.

I’m sorry for your loss and can only hope that something good comes out of it for all of the other animals out there.