Appeals Court Says Owners May Sue to Recover the Sentimental Value of a Dog

[The Straight Story]

Appeals Court Says Owners May Sue to Recover the Sentimental Value of a Dog

FORT WORTH (CN) - A Texas appeals court ruled that the owners of a mistakenly euthanized dog can sue to recover the sentimental value of their lost pet, reversing and remanding the ruling of a trial court. The closely reasoned opinion cites more than a century of Texas courts rulings on dogs.

The Court of Appeals for the 2nd District of Texas reinstated Kathryn and Jeremy Medlen's negligence lawsuit against Carla Strickland, a City of Fort Worth animal shelter employee.

According to court filings, their 8-year-old Labrador mix, Avery, escaped from the Medlens' back yard and was picked up by the city's animal control.

Jeremy Medlen went to the shelter to bail out Avery, but did not have enough cash in hand to pay the fees. He was told he could return the next day and that a hold-for-owner tag would be placed on Avery's cage, to prevent him from being euthanized. But Avery was killed the next day before the Medlens could pick him up.

http://www.courthousenews.com/2011/11/15/41444.htm

[HopeHoops]

1. That's the first time I've heard of that, but it actually seems fair.

[SoCalNative]

2. What animal shelter

doesn't take credit cards? Especially one in a city like Fort Worth?

[sandyj999]

3. Sounds just like Detroit Animal Control, they love killing.

[MADem]

4. It's about frigging time. nt

[kestrel91316]

5. If this becomes a trend, expect veterinary liability insurance costs

to skyrocket. And yes, we WILL pass that expense on to clients in full. Probably with extra tacked on for the time, energy, and heartache when every Tom, Dick, and Harry decides we are just more deep pockets to be picked.

I am not unsympathetic to folks who lose their pets. But please do consider those unintended consequences.

[hlthe2b]

7. There will have to be some legal categories developed if this moves forward...

There is no way that a veterinarian providing standard-of-care therapy (with a fully informed and consenting owner) should be liable to the level of a gross negligent act. Not sure what happened with this particular shelter's accidental euthanasia, but if they did not follow their own policies developed to ensure an animal is kept sufficiently long to allow for owner recovery or for rabies quarantine (in the event of a bite exposure to a human), for example, then that could rise to the level of gross negligence.

I agree with your concerns, however... Veterinary association representatives and state board personnel will need to be at the table if legislation is developed around this premise--that's for sure.

On the other hand, I'd like to think this might send a very strong signal to law enforcement that shooting a pet without cause--as has occurred in many recent high profile events-- will have very significant cost and repercussions.

[kestrel91316]

9. The problem: people can sue anyone for anything. The only lawsuit I have ever

been involved in as a vet was a FEDERAL lawsuit involving 40 defendants that dragged on for two years. Yes, it eventually was dismissed against all defendants - I was dead last, lol. But people can make a mess of your life and career with ZERO legal justification, and this will just give them more motive to do so.

[hlthe2b]

10. True... but I've been subject to that kind of crap both professionally

and personally... Both were baseless and eventually dismissed, but, I must say the more personal suit was the biggest annoyance.

Our society is litigious... It goes with the territory. At least with a professional suit, you have your liability insurer behind you, which can sometimes push back some of the nonsense crap from going too far. But, I surely can empathize.

[Withywindle]

18. I thought of the pet shootings by police right away when I read the OP

"We had the wrong address on that drug raid. Oops. Our bad. Oh, and by the way, we shot your dog cause it barked at us when we kicked your door down. We still cool, right? You know, shit happens. Oh, u mad? Too bad, we're the cops, there's nothing you can do."



Pet owners in that horrific situation need an avenue of recourse that will involve serious incentives on the parts of municipal governments to make sure their cops know it is NOT okay to do this.

[Bryn]

12. That frigging vet killed my hearing/signal dog

named Shane 4 yrs ago. She was 6 years old and could read over 100 words in sign language. She was my best friend, my partner that went everywhere with me. We moved from Florida to Arkansas. I had taken her in for her shoulder limp. That new vet gave her a shot of steroid & told me to give her Rimadyl that caused her to have drug adversary and killed her in 3 days. I still miss her terribly to this day. I got two other dogs to train, but they both failed and are my pets, not service dog like Shane was. She was my once in lifetime dog kind. She was part rottie part german shepherd.

Please do consider this. That vet's lucky I didn't sue him. He did not give me a warning about Rimadyl that is known to kill many large breed dogs like Labs, Shepherds or I would not have taken a chance. I don't like what your post sounds like and would not want you to be my pets' vet. You sound too harsh and money is more important to you. What about my money, time, energy, love, heartache, etc. as Shane's partner/parent/best friend? It goes both ways.

[Withywindle]

17. I'm so sorry, Bryn

What an awful loss.


:hug:

[roguevalley]

13. when someone is at fault through negligence or just downright

careless stupidity, I don't care about the consequences. If someone killed one of my old boys through that I would kick their ass, money be damned.

[Hassin Bin Sober]

15. Your money concerns, as valid as they may be, don't change....

... the reality that beloved pets are more than just property. It's way past time the courts recognize that fact.

[Withywindle]

16. This pet was not in a veterinary clinic

This was gross negligence by a shelter, and it damn well should be subject to a massive lawsuit.

[hlthe2b]

6. Oh... Gawd... there are mistakes and then there are mistakes...

the thought of this one has me just cringing. So damned tragic for the family of that pup. :cry:

[Upton]

8. Good...

Thing is, my pugs are like my children. If one if them got lost and was at the shelter, I wouldn't wait until the next day. I'd write them a check, give them a credit card, or hit up the nearest ATM if necessary..

[RebelOne]

11. Nothing new. It happens all the time. n/t

[Withywindle]

14. Good.

That's the main value of a pet, not the cost of the animal as a cash-value commodity.

What's a beloved family pet worth in the coldest monetary calculation in the case of a wrongful-death type suit? Well, not as much as a child of course, but definitely more than any replaceable inanimate object like a car.