Pet Value Issue is Raised Again
The Associated Press reported a story that once again touches on the value of a pet to its owner and family.
Is it only personal property, as originally defined by the courts and the legislatures?
Only an object, like a chair, a book or a car radiator?
Certainly not to the owner of the pet.
But, as the law slowly continues to evolve, as we have noted here and here, the only recourse for a distressed pet owner may be for the dollar value and not the emotional value of the loss.
In Duluth ,Minnesota, the driver of a 1997 Honda Civic that struck and killed a dog near Cloquet is suing the dog's owners for damage done to his vehicle.
According to the reported story,
“Jeffery Ely was driving on the night of Jan. 4 when Fester, a miniature pinscher, squeezed past owner Nikki Munthe as she was letting in her other dog and ran out onto the road. Ely's car struck Fester, killing the 13-pound dog instantly.
Now Ely is suing the Munthes for about $1,100 for damage to his car, time he had to take off from his two jobs to get the car repaired, and court fees.
Pieces of the bumper were propelled into the radiator when it hit the dog, Ely said, necessitating a replacement. Ely maintains he didn't have problems driving until after the accident and that the radiator issues were not pre-existing.
Ely said he feels sorry for the Munthes' loss but, as a dog owner himself, feels that they must be responsible for their pets' actions.
"I have complete compassion for them," Ely said. "I know how it feels. I love dogs. But once you get them, they are your responsibility."
The story further provides that the pet owners have filed a $2,400.00 countersuit against Ely for the cost to buy Fester, the time they had to take off work for court appearances, and the cost of buying a dog to replace Fester.
Clearly as the owners, their loss far exceeds the dollar property value of their pet and any replacement. However most state laws still restrict their ability to be fully compensated.
It remains to be seen if there are other legal issues to be raised in this case. Is there a local leash law and if so, was it followed, where did the accident occur in the roadway, was the driver distracted or inattentive or was this simply an unfortunate accident?
We will try to follow up with this case and advise.
Meanwhile, you are responsible for your pets and their future.
Accidents will happen, but obey the local laws for your pets.
Protect them.
Plan for their future.
Remember Mr. Ely’s comments… once you get them, they are your responsibility.
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