Legal Question in Civil Litigation in Maine

Based on the facts you have provided, you have a claim for breach of contract and could sue to get your money back from the cremation facility. Under a breach of contract theory, however, you are not permitted to recover �pain and suffering� but rather the value of your economic loss. Maine law does recognize the tort of negligent infliction of emotional distress in cases involving the negligent mishandling of a family member�s corpse and would allow for recovery of pain and suffering in such a case. Maine law, however, does not currently recognize a dog as a family member despite the closeness and connection you may feel toward your dog. You could seek attorney�s fees and cost in your breach of contract suite but there is certainly no guarantee that the Court will grant your request. As an alternative to a legal recourse, you may first want to talk to the Maine Attorney General�s Office � Consumer Protection Division. You can file a consumer complaint or request consumer mediation through the AG�s office at http://www.maine.gov/ag/consumer/complaints/index.shtml.