Legal Question in Product Liability in New York

menue foods

we had two cats die from eating this bad food what are ,our options


Asked on 3/23/07, 7:46 am

1 Answer from Attorneys

Alani Golanski Alani Golanski, Esq.

Re: menue foods

You should be able to make a claim, perhaps file a lawsuit, against the company. A claim made by a Chicago pet owner is that the pet food manufacturer delayed announcing a recall of 60 million containers of dog and cat food despite knowing its products were contaminated and potentially deadly. Such a claim, if proven, should entitle pet owners to a compensatory award. The question is what sort of award. The company could be liable for any veterinary or other such bills you've incurred, as well as the value of the cats, as calculated by some method or another. However, it appears that under New York law you would not be able to recover for your (or your family's) psychic trauma or mental anquish. This is because a pet is deemed legally to be (merely) personal property--and damages may not be recovered for mental distress caused by the malicious or negligent destruction of such property.

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Answered on 3/23/07, 3:41 pm


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