Are you in need of a Pet Injury Attorney?
In a city like Chicago, it is obvious that folks love their pets, especially dogs. Neighborhoods are littered with shops that cater to the grooming, nutrition, and exercise of pooches and their owners. With all of these industries catering towards your dog, what happens when your dog is injured from the negligence of a groomer or an employee at a doggie daycare?
As with injuries to humans, negligence with pets is covered under state negligence law. Laws in each state differ so it is best to consult a local attorney for guidance. Pets are generally considered property, and injuries to pets is just like damaging property. As with all negligence claims, the following factors need to be proven:
- Duty- did the person who caused the injury owe a duty to the pet and its owner?
- Breach- was that duty breached with the person’s interaction with the pet?
- Causation- was the person’s conduct the proximate cause of the pet’s injuries?
- Damages- what compensable injuries can be proven?
As with personal injuries to humans or damage to property, the extent of the injury will be a major factor in the award amount. There may also be damages awarded to the owner for emotional injuries and for lost wages if the owner had to miss work to care for the animal or if the animal was working for the owner. This area of law is admittedly small but it has a huge potential for growth as Americans own more pets with each passing year. Many state bar associations have held symposiums on the evolution of animal law as pets are considered a part of the family for many owners. In many instances, owners are looking to be compensated at most for the cost of the pet and cannot expect the equivalent of wrongful death suits for millions of dollars.
For intentional torts to dogs the Illinois Humane Care Act, 510 ILCS 70 et seq., criminalizes acts such as failure to care, cruelty, fighting, euthanasia, and torture of animals. Most initial violations are misdemeanors with repeated violations becoming felonies. This is a great resource for those who suspect that others are treating their pets inhumanely. It is possible to report such acts to an authorized investigator like a police officer and a search warrant can be obtained to inspect the residence. Investigators can come into a place of business during normal business hours without such documentation. If a violation is found, the perpetrator can be cited and given 48 hours to correct the matter. Failure to correct will give the investigators the authority to impound any animals on the premises.
This article is for general informational purposes only and is not to be construed as legal advice. Do not rely on the above information as all cases are different and different laws apply to different cases.
Consult our Pet Injury Attorney
Consult an attorney in your area for further guidance. If your dog or pet was injured please call one of our attorneys at David K. Kremin & Associates, and we will give you a free consultation. We never charge unless we collect for you. Please call 1(800) ASK-A-LAWYER or 1(800)275-2529.