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Dead Pet

  • Thread starter Thread starter bburroughs
  • Start date Start date

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bburroughs

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My dogs got out of what I was sure was a secure yard. They were a Boxer and a Rhodesian Ridgeback. They eventually went back into the back yard before animal control arrived. My neighbor says that they reached over the fence with the noose pole and got my boxer. The other one got away. When my brother went to pick him up at the pound, they started asking questions about his health before they told him that my dog had siezures in their truck. When he got to the clinic, Simba needed to be euthanized or face a 25% chance of being a living vegetable at the cost of thousands of $ to me. Animal Control was very rude to me when I called about it and didn't even tell me their procedures in this situation, only that I didn't have to pay the normal fine because I "didn't pick him up from the shelter." Consolation??? I have a $362 bill for a dead dog that was in perfect when I left for work that day. They say they won't do anything because we can't prove that there wasn't a pre-existing condition. I don't question their motive for picking him up, but I can't just accept the fact that someone took my dog, treated him in a manner that resulted in heat stroke, and left me with the bill. They were never going to call me and even acknowledge that the entire event took place. I have yet to hear the first apology or condolences. I want to take them to small claims court, or maybe to court with a lawyer, but I don't know if I have a case. They will simply shoo it away with claims of airconditioned truck, vicious dog, and possible pre-existing condition. Help me decide....
 


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prairielaw3

Guest
I am truly sorry for your loss and you can try small claims court, but it coud be very problematic; what you were told is gewnerally true; as the plaintiff the person bringing the claim has the burden of proving all elements of a claim; for example, in a negligence claim, a person not only has to prove negligence and an injury, but the person generally has the burden of proving that even if there was negligence the negligence was also a cause of the injury. Barring testimony ( simplay as an example) from a vet who did an autopsy on your pet and who will be willing to testify that the death of your dog occurred from the conduct at issue,it may not be possible to prove this necessary element of a negligence claim; as the laws do differ somewhat with each state, I would suggest you at least consult with a lawyer in your state; but these are certainly among the issues you might want to discuss with this lawyer. Good luck, and again, I am very sorry for your loss.
George Senteney

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George H. Senteney
http://www.prairielaw.com
 

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