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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33781
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My cat went to vet office to be neutered.. He was dropped

Customer Question

My cat went to vet office to be neutered.. He was dropped from handler and escaped the office building thru an opened door.. Going on day 3, he is still missing and they have a lack luster response and many office manager negligence after original incident.. What can I do
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Did you purchase your cat from a pet store or breeder?

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Obviously you would like them to find the cat, but if they can't do so, what would you like to have happen?

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thanks

Barrister

Customer: replied 1 year ago.
I purchased from a store supplying pure breds.. @worldwide puppies and kittens..bell more NY.. Purchase price 2, 998.02.$I want my cat found of course but I have been forced to oversee the rescue process due to many negligence for rescue.. Missing going on 3 rd night.. Neighbors around vet clinic concur their rescue efforts are not what this situation demands.. Witnesses in nearby property
Expert:  Barrister replied 1 year ago.

Ok, being a pet owner myself, I can understand the extreme frustration and upset that you are experiencing based on their rather lackluster response to losing the cat due to their negligence. And as lousy as it seems, they don't have to go out and look for the cat if they don't want to engage in a search to find him.

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However, if they don't, and if the cat is not found, then since pets are considered personal property, you would be limited to suing them for the cost of the cat due to their negligence in losing him. It has been well established in the law that damages for emotional distress are not compensible because there is no way to accurately determine them.

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thanks

Barrister

Customer: replied 1 year ago.
How long is enough wait time to determine cat is lost and not missing?
Customer: replied 1 year ago.
he just had surgery at the same clinic/hospital for 1400.00$ is that reimbursable?
Expert:  Barrister replied 1 year ago.

I would think that a week to ten days would be a reasonable amount of time to wait to see if he showed back up or was found before you filed suit.

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And yes, I definitely think that you would be excused from paying for that since you didn't receive the "benefit" of a healthy cat's company to enjoy. So you didn't get the benefit of your bargain.

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thanks

Barrister

Customer: replied 1 year ago.
The surgery was six weeks ago.. Urinary blockage again same office.. But timeline?
Expert:  Barrister replied 1 year ago.

Ah...ok, that makes a difference.. I hate to say it, but probably not if it was that long ago.. I would definitely ask for it though and let a judge decide. He might award some portion of that as damages since you didn't receive the full "value" of the cost of the surgery..

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thanks

Barrister

Customer: replied 1 year ago.
Should I seek council now or wait
Expert:  Barrister replied 1 year ago.

I don't think I would do anything just yet because he could show up or be found at any time and this isn't something that an attorney is going to take on a contingency fee basis. So you will have to pay the attorney up front and then ask the judge to reimburse you for your costs as well as for your damages.

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I would probably wait the 10 days and then go talk to one to send a "demand letter" to the vet for the damages and costs threatening to sue them if they don't pay. In most situations, they will just settle with you rather than have to hire their own attorney, be dragged into court, and lose.

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thanks

Barrister

Customer: replied 1 year ago.
Thanks for all.. Good night!
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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