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Wrongful death of pet

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skubakat

Junior Member
What is the name of your state?California

Hi there....
I'm not sure if I'm in the right forum or not, so if anyone can advise me as to where the best place to post this, I sure would appreciate it.

Here's my situation:
I left my 12-year old pomeranian "furson" with my brother when I went on vacation. I received an emergency call from my neighbor (who lives more than 50 miles from my brother) about 2:30pm (time adjusted for time change) with the painful news that my beloved pup had been hit by a car and killed. A women who had seen him wandering the neighborhood just minutes before had dropped her daughter off at school, and on the way back saw that he had been hit and killed. She stopped and called the numbers that were listed on his dog tags, which were my home phone (at 2:10pm) and my vet's number. When my vet couldn't reach me at home, she called my neighbor (who goes to the same vet), explained the situation, and asked how I could be reached. My neighbor then called the woman who had called the vet to get more information before finally calling me with the news.

What had happened is that my brother's pest control company had made an appointment time window for that day, with the time of their arrival listed as being between 3:15 and 5:00pm. My brother arrived home at 3:00pm, 15 minutes earlier than the pest control was to arrive, with the intent of being there to let my dog inside before they got there. When my brother arrived at his house, he noticed that the pest control had already come and gone, and that my pom was no longer in the backyard. He asked his neighbor if he had seen the dog and the neighbor said that he had seen it about an hour ago or so. My brother went out frantically searching for him until he was reached by my neighbor as to where my pom's body was laying, with a box over him. After retrieving my pom's broken body he returned home and contacted the pest control company, who's technician said "he never saw a dog". My brother then contacted the company's owner, who seemed to be sympathetic at the time, and admitted that the technician could be lying, although he didn't know why he would lie, and that the technician had been a good employee.

Anyway, since the pest control company came and left more than an hour before their scheduled time, and my brother came home early with the intent of being there before the technician was scheduled to arrive, I feel that the pest control company is liable for the loss of my pet and should be responsible for at least the cost of replacing him ($650), although in my mind, he cannot be replaced. I also feel that they are responsible for the cost of cremation for my pet ($100). I had my brother relay my sentiment to the owner of the company, who is refusing to pay for anything, and is now saying that he believes that his technician didn't see a dog.

My point is this: My brother has babysat for my dog several times for 2 weeks at a time. My dog has never escaped his backyard. There was no way for him to get out, other than the gate. My dog was in the backyard when my brother left for work in the morning, and not there when he returned at 3:00pm. The only person that had accessed the backyard gate was the pest control technician, whom even though he said he never saw a dog, must've seen signs of dog inhabitance on the back patio (dog house, dog food dishes, toys), since they are supposedly trained to watch for that kind of stuff, to avoid poisoning pets. If the technician had NOT opened that gate, more than an hour before his scheduled appointment time, my dog would've still been there when my brother arrived home.

I know the replacement costs are minimal, and that I will most likely have to take this up in small claims court, but the anguish that this is causing me is more painful than I can relate. I have no children and this dog that we've had for 12 years was like my baby, and I, as well as my husband, miss him terribly. He was with us every waking moment that we were home, and slept with us every night. He was very much a part of our lives and our house and hearts are full of reminders.

Do I have any chance of winning this if I do take it to small claims court? I would like to sue for wrongful death of a pet (If I can), or at least loss of property, loss of companionship, and emotional pain and suffering.

Advice, anyone?
 


divgradcurl

Senior Member
Do I have any chance of winning this if I do take it to small claims court?
Whether you have a chance or not will depend on what you can prove, and what the other side can prove. You will need to prove that the pest control company was negligent, and that the negligence was the cause of your dog's death. Gather up all of your evidence, make sure your witnesses (your brother, your neighbor, etc.) can actually attend the day of the trial, and see what happens.

I would like to sue for wrongful death of a pet (If I can), or at least loss of property, loss of companionship, and emotional pain and suffering.
You would sue for the loss of your pet, and if you win, you should be able to recover the replacement value of the dog, and maybe the incidental costs, such as cremation. Bring evidence of the replacement cost (ads from breeders, etc.) as well as any receipts you have from the cremation. Pets, no matter how attached you are to them, are simply property in the eyes of the law, and you cannot recover loss of companionship or for emotional pain and suffering for the loss of a pet. It doesn't mean you shouldn't ask for it -- who knows, maybe you'll have a judge who loves pets so much that he'll give it to you anyway -- but don't count on collecting for more than replacement value + costs.
 

teflon_jones

Senior Member
Sorry, but it's very unlikely that you can win this case. The dog should have been better secured if you knew the pest control company was coming and there was a risk of the animal getting out.
 

rmet4nzkx

Senior Member
Take them to small claims court the pest control came before the appointed time so the brother took reasonable care to restrain the dog and was there prior to the appointment time.
 

Lynx 36

Member
If it can be proved the technician left the gate open I think you have a very winnable case. I can relate, the same thing happened to me. A neighbor kid left my back gate open (third time). I eventually found my dogs thankfully, then I put a chain and padlock on the back gate. The little snot won't be in my yard again.

Good luck w/ your case and sorry f/ your loss. :)
 

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