Can I sue over loss of a pet?

[nturnquist]

A teenager who lives down the street was walking her dog when it saw my cat in my garage, broke off it's leash and killed my cat in my own yard. I called animal control and since it was not a human attack, there's nothing they can do. The cat was given to us free, and there was no vet bill because the cat was killed instantly. Can I sue for the mental anguish of my children? Thanks, missing a loved one.

 

[I AM ALWAYS LIABLE]

A teenager who lives down the street was walking her dog when it saw my cat in my garage, broke off it's leash and killed my cat in my own yard. I called animal control and since it was not a human attack, there's nothing they can do. The cat was given to us free, and there was no vet bill because the cat was killed instantly. Can I sue for the mental anguish of my children? Thanks, missing a loved one.

My response:

You can only sue for the actual, or fair, value of the same type of cat. And, only the fair market value of the cat as measured on the date of the loss.

A cat, dog, bird, or other animal is "personal property", like your television set, or car, or anything else that is tangible. Therefore, you cannot sue for pain and suffering or mental anguish.

IAAL