Legal Question in Civil Litigation in New Jersey

Dog injured at kennel, lost leg

We left our dog at a kennel we have used before. He was in his run and another dog grabbed his leg and severely injured it. The vet has tried to save the leg for a week but it will take many surgeries and suffering for the dog with only a 10% chance of success. So the leg will be removed on Monday. Do we have grounds to sue? The kennel's insurance is covering the vet bills.


Asked on 12/06/08, 2:31 pm

1 Answer from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Dog injured at kennel, lost leg

You have grounds to recover the value of the dog or the cost of the surgery to the dog. However, the only damages you can recover beyond that are the intrinsic value of the dog if you were to resell the dog. If the dog is not a show dog, then this is essentially nothing more than the cost of the medical, cost of any special arrangements of the dog and/or replacemnt of the dog.

The case law in NJ is very clear that the emotional distress to you or any "pain and suffering, disability of the" the dog are NOT recoverable. This is like damage to any other property; you recover the value of the property or repair of the property.

As a dog owner, I feel like you probably do; this is amember of my family. However, the law in NJ only recognizes this recovery.

I should note as well that there may be no need to sue per se; making a claim is not "suing". However, if your claim is not honored, then you bring suit to obtain proper recovery.

Best wishes. Adam Rothenberg.

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Answered on 12/07/08, 1:24 pm


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