Can You Sue Over Injuries to Your Pet?

Our pets are a part of our family. That is something both dog owners and cat owners can agree on. But what happens if your beloved pet is injured or killed by another animal or person through no fault of your own? Can you sue over a pet injury? And what types of damages may be possible in your legal action?

Pets Are Property

Legally, animals are considered personal property. In divorce, for example, pets are property even if you are negotiating a custody schedule for them. It sounds strange when you feel like they are a family member, but that's the law.

The "pets are property" rule means that if your pet is killed, you may be able to sue the party responsible for your pet's death and request they pay for the "fair market value" of your pet. To the animal’s owner their pet is priceless, but the law only allows you to recover for property damage. How can you figure out the value of the pet?

Determining the fair market value of your pet in a civil lawsuit is an unsentimental task. For example, the value of your pet may increase if the pet is a service animal or emotional companion animal. It may be worth more if it is from an expensive breed or a show dog. While you don't have to convince us at FindLaw that the dog you rescued from a shelter is an irreplaceable part of your family, the law sees it differently and you may ultimately get less money if that's the case.

Negligence in Pet Injury Cases

Negligence occurs when someone breaches a duty of care that results in an injury. A few examples of negligence could include:

• A pet sitter, groomer, or a veterinarian injures your animal by failing to take reasonable care of your pet.
• The owner of another dog allows it to trespass on your property and it bites or attacks your dog.
• A kennel or day care allows your dog to be injured by failing to care for it or allow it to be attacked by another dog.

The injury does not have to be the result of animal cruelty. But, it should be something where there has been a provable injury to your pet. It is very similar to a negligence based personal injury case involving a person.

If you can prove negligence in a pet injury case, then you can potentially collect damages for things like veterinary bills and, depending on the circumstances, perhaps even punitive damages for things like pain and suffering or emotional distress. You should definitely speak to an attorney for legal advice before you file anything in court.

Small Claims Court

If you can't afford to hire an attorney, or just don't want to because of the small amount of damages they might be awarded, going to small claims court is an option.

Generally, small claims courts hear cases involving damages up to a certain dollar amount (the exact amount will depend on state law). Going to small claims court can quickly help a pet owner recover vet bills and other "smaller" expenses incurred from their pet injury like bandages or medications.

Some pet injury cases, however, can become complicated. For example, if food poisoning or even intentional poisoning was to blame, or if there was a car accident involving the pet which caused injury. For more guidance on your legal options, you may want to consult an experienced personal injury lawyer near you.

Related Resources:

• Negligence in Injury Law (FindLaw’s Learn About the Law)
• How to Sue Someone in Small Claims Court (FindLaw's Law and Daily Life)
• Dog/Animal Bites - FAQ (FindLaw’s Learn About the Law)
• Dog Laws (FindLaw’s Learn About the Law)