Legal Question in Civil Litigation in California

Wrongful death to a dog?

My dog got out and the spca picked him up. I called asked if an akita was brought in they told me yes went in to see if it was my dog and it was. Asked what i owed and asked if i could pay the fees right then and there and pick up my dog later because the car was full with 3 kids and 2 adults. I was told no that i pay when dog is picked up. the lady then told me that my dog was a very lucky dog because it was gonna be put down by noon that day. She had us sign a contract stating that our dog was safe for 72 hours but is we did not pick him up within the 72 hours they were not responsible and he could get adopted or put to sleep. No problem i will be back she gave me a copy of the contract i signed, stapled a copy to my dogs card so that they would know he was safe for 72 hours. i wasn't able to pick up my dog till the next day not even 32 hours later. and i was told there was an accident and that my dog was put to sleep. They said both employees the lady at the front desk forgot to cross out the red mark and the employee that puts them to sleep didn't look at the back where the paper was stapled. I was then told they were severlly reprimaded. What type of action can i take????????


Asked on 11/28/01, 6:18 pm

2 Answers from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Wrongful death to a dog?

Unfortunately, the law values dogs at their market value. As if they were an item of property, instead of a companion, source of love and affection, etc. You certainly could sue the pound for the cost of replacing your dog,(as if you could 0), unless you waived that right in the document you signed.

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Answered on 11/29/01, 2:37 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Wrongful death to a dog?

you can go to small claims court and recover whatever the cost for a new dog would be.

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Answered on 11/28/01, 7:31 pm


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