The death of a pet is always a dark moment in the life of a pet owner. No matter how long a pet was around, the time they spent with their families is always cherished. What happens when that time was cut short due to someone else’s negligence?
The recent stories of innocent pets being shot by police officers across the country have received backlash from the public. Back in January, police officers shot a barking dog while his owner was screaming as the Knicks won the NBA Finals. Fast forward to September, and police officers are once again in the hot seat, this time for shooting a donkey after they trespassed onto a property.
During these times, owners might consider meeting with wrongful death lawyers in Los Angeles to file a case on behalf of their beloved pet. However, filing a wrongful death case for a pet is not possible. At least, not as a formal wrongful death suit.
What’s a Wrongful Death Case?
Wrongful death happens when a person or entity fails to meet the duty of care and causes a death as a result. When this happens, the surviving family or a representative of the estate can file a lawsuit on behalf of the decedent.
To file a case, the plaintiff must prove the following:
- A person or entity failed to provide duty of care and behaved in a negligent manner
- That negligence was the direct cause of the death
- There are damages linked to the death
Types of Wrongful Death Cases
Wrongful death cases fall within one of the three following categories:
- Intentional: Deaths resulting from intentional acts such as murder, assault, and/or battery
- Negligent: Deaths that result from someone’s negligence in events that lead to car accidents, defective products, dog bites, construction accidents, etc.
- Malpractice: Deaths that result from a medical professional’s failure to meet the required standard of care fall under this category
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Submitting a Wrongful Death Case for a Pet
When a pet is injured or killed due to someone’s negligence, the average person might think they should meet with a wrongful death lawyer to see what can be done. After all, pets are family and their loss causes deep harm to their owners. However, according to California law, pets are considered personal property.
This means that in the case of an event that causes an injury or fatality, the owner can only recover economic damages such as the pet’s market value and/or medical expenses the owner made to treat the pet before it passed. They also cover an owner’s lost wages if they had to take time off from work to care for their pet.
Despite owners considering pets as a part of the family, California does not allow owners to recover non-economic damages due to the loss of the pet. In other words, families cannot recover damages for any of the emotional and psychological pain they experience due to the loss of a pet.
Who Can Be Held Responsible?
The following are common parties that cases are brought against in the aftermath of a pet’s wrongful death:
- Another person’s dog. Dog attacks are common. It’s to the point where every state has a set of laws specifically for dogs, and California has the strictest dog bite laws in the country.
- Veterinarians. Like doctors who fail to provide the standard of care, vets can also be held liable for not meeting the standard of care.
- Facilities. Places that take care of or hold animals, like groomers and kennels, must provide a duty of care. This means protecting animals from other animals, providing food, water, and shelter, and not harming animals when they’re in the facilities’ care.
- People. Anyone who hurts an animal can be held liable for any medical expenses. They can also be charged with breaking animal cruelty laws, depending on the circumstances.
Animal Cruelty Laws
There is an exception in cases where animals are intentionally hurt or killed. Animal cruelty is treated as a misdemeanor, but serious and/or repeat offenses will be treated as felonies. According to the law, a fine of up to 20,000 dollars and a one-year jail sentence are the typical penalties.
How to Prove a Wrongful Death of a Pet
Before meeting with an attorney, the following evidence needs to be collected:
- Veterinary records. Records from the vet’s office show who treated your pet during their final injury/illness. If you are filing a case against a vet, these records must be obtained before they know you are considering filing a case.
- Necropsy report. This is an autopsy, but for animals. It’s the most important part of an investigation as it establishes the cause of death. It’s important to do this as soon as possible, as decomposition makes it more difficult to get a clear report.
- Proof of pet’s value. Adoption/purchase receipts, vaccination records, training certificates, grooming and vet bills related to the incident in question establish the pet’s market value and your economic losses.
- Photos and videos. Any photos/videos before and after the incident can show a change in a pet’s overall health and highlight any drastic changes.
- Witnesses. Like the average accident, gathering witnesses can help verify the events that took place that led to your pet’s injury or passing.
- Official reports. Reports from the police or animal control can also be used to get an official third-party perspective on the events that led to your pet’s accident.
Restitution
Restitution requires the guilty party compensate victims for financial losses relating to a crime. People charged with animal cruelty can be ordered to pay restitution during criminal sentencing. This is commonly seen in cases involving theft and fraud. However, some states require restitution in crimes against the elderly, abuse, assault, hate crimes, and drunk driving. If you need the assistance of wrongful death lawyers in Los Angeles, contact Vaziri Law, LLP, today!
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FAQ
What If My Pet Was in the Car with Me During an Accident?
If your pet was in the car with you at the time of an accident, that counts as property damage. You can add your pet to the property damage section of your claim.
Are there Laws that Prohibit Pet Transportation?
California prohibits the transporting of an animal in a vehicle in an inhumane manner. There are also no laws that mandate pet restraints in vehicles. However, keeping your pet away from the front seat of your vehicle may be the best way to avoid fault in an accident.
How Long Do I Have to File a Case?
Like most personal injury cases, filing a case for the wrongful death of a pet is two years. It’s recommended to file a case as soon as possible to avoid the loss of crucial evidence.
What’s the Most I Can Recover?
That depends on the case. Most wrongful pet death cases are considered small claims. This means the most you can recover is anywhere between $2,500 and $25,000.
What About Other Cases?
In other cases, it depends on the actions taken by the defendant. If it’s a case where a stranger entered your property and injured you and your pet, that’s a personal injury case, and there is no limit to the amount you can recover.
Is This Standard Across America?
No, most states are similar to California in this standard. However, there are a few states (Tennessee, Illinois, and New York) that allow owners to recover non-economic damages for the loss of a pet in certain circumstances.
Can Pets Be Added as Property Damage After an Accident?
If your pet was injured or passed in a fire or due to someone’s car crashing into your front yard, yes. Since pets are a part of your household, they can be added to a claim. Be sure to provide the evidence listed above to prove your pet was officially yours.
Does Pet Insurance Cover Injuries?
Many pet insurance policies cover accident-related injuries. Make sure to review your policy to learn what exactly is covered.
Do I Need a Lawyer?
In a small claims case, no. However, if your pet was intentionally hurt via assault, car accident, or poisoning, it’s recommended to seek a personal injury attorney.
How Long is a Case?
The length of a case is determined by the type of case you’re filing. If you’re filing a small claim, it is often 1 to 2 months. However, in cases with multiple moving parts, like a car accident, they can take anywhere from 6 months to over a year.
Contact a Wrongful Death Lawyer Today!
While grieving pet owners cannot file a personalized wrongful death case for a pet, they can definitely add them as a part of a personal injury case.
If you find yourself needing more legal assistance, contact our team of wrongful death lawyers in Los Angeles to learn more. Our attorneys serve clients all over California, and we’re more than happy to help you and your pets get the help they need. Contact us today to schedule a free consultation.
