Legal Question in Product Liability in Florida

pet food recall and two dead pets

I lost a healthy 2 yr old dog in November and another one 2weeks ago, Neither death could be figured out by the vet but we never thought about the food. My dogs cost me $4000 to purchase and we are heartbroken and wondering what we can do legally as we have no proof, only vets that couldnt explain what had happened to cause their deaths so quickly (first one put to sleep after 3 days and destroyed liver, 2nd one never showed a symptom except threw up before we left for work, came home to find her dead with blood from her intestines everywhere) Please tell me what recourse is there in a case like this?


Asked on 3/22/07, 1:36 pm

2 Answers from Attorneys
Johm Smith tom's

Re: pet food recall and two dead pets

You shouldn't have too much difficulty finding an attorney that is handling this litigation. You should be able to recover damages.

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Answered on 3/28/07, 10:42 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: pet food recall and two dead pets

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is probably not much that can be done. I thoroughly researched this topic for other clients based on a different fact pattern. Under current Florida law, pets are treated as chattels (personal property) and you are only entitled to the replacement cost. There are no additional damages for the loss as there would be for a human.

I did say under current Florida law because the laws are in a state of flux around the country and some states have modified their stance but so far Florida has remained constant. I am sorry for your loss and wish you luck.

Scott R. Jay, Esq.

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Answered on 3/28/07, 11:50 pm


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