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Dogs Death

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ProAir

Junior Member
What is the name of your state (only U.S. law)? Ohio

I wasn't really sure where I should post this because it doesn't really seem to fall under any of the categories listed, however, wrongful death seemed like the closest thing to the situation.

As the story goes; my co worker had been searching for a new puppy for several months and after finally finding one she purchased him and quickly became attached to him. She has no kids currently so her dogs are the World to her. She talks about them daily and speaks of them as if they were her children (a common thing in our current pet loving society). So of course after just a few weeks of owning him she had a strong emotional attachment already.

Since she works all the time and isn't able to be there as much as she would need to be to ensure the puppy was constantly being taken care of, she sought out the help of a local Dog Park that offers kennel service and day care to pets (it runs as an LLC and employs several people who watch after the animals). Even though the puppy didn't meet the requirement of being 4 months of age like their site states, the Dog Park took him and agreed to watch him. He was also supposed to be kept on a leash if he was taken outside because he was too little to just be given free roam.

Anyways, one day, while someone was watching him and he was outside in the park with other dogs, the care giver claimed she was thirsty and decided to just walk away from the puppy and leave it by itself unwatched. In that small amount of time, another dog got a hold of the puppy and killed him. Forget the fact that the dog is the size of a small book and could easily be carried by an infant, but the care giver didn't seem to give mind to this and just thought to leave it alone unguarded.

Now we have a very very upset person who was completely devastated by what happened to her dog. The owners of the other dog agreed to pay for any replacement costs, but the fact of the matter is that she had an emotional attachment to the puppy and won't have it just replaced.

She isn't really seeking any type of monetary compensation from any party as much as she would just like to be somehow held liable for what happened. She also doesn't want to go after the other dog because she loves animals and wouldn't want anything to happen to the other dog regardless of what it did. The LLC that runs the Dog Park has a contract upon sign up like everywhere else that of course states that anything that happens isn't their fault. However, is there anything that can be done? Can the person watching the dog or the company be found negligent in the wrongful death for the puppy or are they just going to be able to get off free and clear?

PS: I know some of you will say "it's just a dog" and won't understand the type of attachment some people have with their pets, but she really does love them and was so distraught after she got the news that her puppy had been killed. If anyone can give any advice at all it would be very much appreciated.
 


ecmst12

Senior Member
The legal system is not going to be able to give her any justice. They can't bring back the dog. All a judge could do is require the kennel to pay her the value of the dog. And that's a best-case scenario.
 

CJane

Senior Member
The legal system is not going to be able to give her any justice. They can't bring back the dog. All a judge could do is require the kennel to pay her the value of the dog. And that's a best-case scenario.
Especially given the fact that she signed a hold harmless agreement.

What is it that your friend WANTS, if not monetary compensation?
 

cyjeff

Senior Member
I have owned dogs my entire life... I understand the emotional attachment.

Dogs are, however, property under the law. The LLC's liability for the incident is the replacement value of the dog... if that.
 

ProAir

Junior Member
Especially given the fact that she signed a hold harmless agreement.

What is it that your friend WANTS, if not monetary compensation?
She basically just wants someone to be held liable for what happened and to make sure that things like this don't happen again. She has money so whether or not she receives any type of compensation for the value of the dog isn't really a big issue. The owner's of the other dog already agreed to pay for the replacement so who knows what she'll do.
 

CJane

Senior Member
She basically just wants someone to be held liable for what happened and to make sure that things like this don't happen again.
Well, she can probably rest assured that the daycare will never again bend their rules to allow a dog under their age restriction to attend.

And the employee will probably lose her job.
 

Maiasaura

Junior Member
She basically just wants someone to be held liable for what happened and to make sure that things like this don't happen again.
If she's just looking for revenge, she can complain to BBS, online forums, etc. Hey, she could even put up fliers around the dog park warning people off -- but she's not mean. Just hurt. The cost of the puppy is reasonable. (Personally, I think if you get a new puppy, you need to be able to spend a LOT of time with it for the first 3-6 months, but that's just me.)
 

Mass_Shyster

Senior Member
She basically just wants someone to be held liable for what happened and to make sure that things like this don't happen again. She has money so whether or not she receives any type of compensation for the value of the dog isn't really a big issue. The owner's of the other dog already agreed to pay for the replacement so who knows what she'll do.
Maybe this will help:

I was once told that an adult dog will never attack a puppy. I had no reason to doubt the validity of that statement.

Now I do.
 

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