Legal Question in Personal Injury in California

A kennel killed my dog. What do I do?

I'll make this short.

I dropped off my dog at a kennel for a

six day stay. When I went to pick him up, they

told me he had escaped from his kennel and was killed on the main road 1/2 mile away. They had him in the back of a truck, dead. They didn't charge me for the stay, obviously. And they had him cremated for me no charge. What my

question is, is what can I get out of these people for the loss of our family member. He was a 2 yr old German Shepherd and the love of mine and my husbands life. My husband is a firefighter and is away for days sometimes and Odin was my companion during those times. Also, what is the statute of limitations for this case? This incedent happend in June of 2002. Thank you.


Asked on 4/16/03, 5:54 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: A kennel killed my dog. What do I do?

You can sue the kennel for negligence and it sounds like you have a good case. Your statute of limitations is one year, so don't delay.

While I hate to say something like this since I am a dog lover myself, you probably won't be able to get a large enough judgment to interest most attorneys in litigating the case for you. You might want to have a lawyer write a demand letter for you, but if that doesn't get the results you want then your best bet might be small claims court. Small claims judgments are limited to $5,000, but there are no lawyers involved.

It wouldn't hurt to call some local lawyers and see if they're interested in the case; after all, someone might see it differently from the way I do.

Good luck.

Read more
Answered on 4/22/03, 2:58 pm
Frederick Choi Law Offices of Frederick H. Choi

Re: A kennel killed my dog. What do I do?

The statute has not run, so you may make a legal claim against the kennel. However, be aware that in California, as with most states, your damages are usually limited to the value of a replacement dog. Although, the law is changing and there are cases where emotional distress can be factored in. The best course of action is to attempt to negotiate a settlement with the kennel prior to filing a suit. This is best done with an attorney. If you are in the area and seek further consultation, please give me a call.

Read more
Answered on 4/22/03, 3:11 pm
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: A kennel killed my dog. What do I do?

Sorry to hear about the loss of your dog. Animals are considered "personal property" and as such, there is usually no pain, suffering or emotional distress associated with the loss of an animal. However, there are some exceptions and a little movement these days toward the emotional attachment in claims. The statute for propety damage in Ca. is 3 years from the date of loss. You would need to find an atty in your area who has some experience with this. If you are in So. Calif, call me and I'll see what I can do or I'll be able to refer you to someone. Sam Eagle 714-963-5123

Read more
Answered on 4/22/03, 6:55 pm
Jason Hsu Una Law Corporation

Re: A kennel killed my dog. What do I do?

Under CCP Section 340, you have one year to file an action for injury of animals. As previously suggested to you, you should file soon if you want to do so. Your best course of action would be in small claims or better to negotiate a possible settlement. We may be able to assist in either regard.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com

Read more
Answered on 4/22/03, 7:55 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California