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We left two chihuahuas with an insured pet sitter on Friday…

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We left two chihuahuas with...
We left two chihuahuas with an insured pet sitter on Friday June 4. He operates this business in his parent's home. On Saturday afternoon he informed us one was lost that morning. During our search for our dog, we discovered that he actually was lost on Friday morning or afternoon. The pet sitter texted that both dogs were "doing great" Friday night. He also filed a report with animal control on Saturday morning saying the dog was missing on Friday. His insurance company asked me during the week to provide proof of value of the dog and they would consider that expense, as that was his only coverage. This morning, after much time and expense, we discovered our little one dead in a road nearby, seemingly dead since Friday the 4th. Based on this, what is your opinion on whether we should file a lawsuit and what kind of lawyer should we look for to help? Thank you.
Submitted: 8 years ago.Category: Legal
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Answered in 10 minutes by:
6/13/2010
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Dear JACUSTOMER - The only recovery in this situation is the value of your dog. Legally pets are considered as personal property and you cannot recover extra damages as in cases of human death or injury. If the insurance company will pay the value of your pet then that will all you can recover so hiring a lawyer or filing a suit is likely a waste of time.

 

I'm not certain from your facts exactly what it is you wanted to sue for in addition to the cost. There is no doubt the sitter was negligent but the problem is the damages are limited. I have lost several dogs, mostly to old age and I know how difficult it is, especially under these circumstances. Unless you could show the sitter did something intentionally to harm your dog you cannot sue for punitive damages which would be the only extra damages I know of in a case like this.

 

You can contact any lawyer in general practice or in a personal injury practice and I'm quite certain you will receive the same opinion. If you can find someone willing to try to sue for more money and do it on a contingency basis you can do so but I would not spend up front t money on this.

 

Dave Kennett

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Customer reply replied 8 years ago
Relist: Answer quality.
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago


HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-What else do you want to know? You asked for my opinion on whether to sue and what type of lawyer to get and I answered both? If you have another question let me know.

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
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