Many animal owners consider their pet to be a member of the family. They provide years of unconditional love and companionship to their caretakers. When pets die, the family feels an enormous sense of loss and grief. When the loss of a pet is the result of the negligence of another, the pain is particularly intense.
Despite that profound loss, the law does not allow for pet owners to recover damages for sorrow, mental anguish, and solace – “emotional” factors that are compensable in an action for the wrongful death of a person. In Virginia, pets are deemed to be the personal property of their owners, like an inanimate item. As such, damages are limited to economic damages and not those involving emotional distress.
While we understand that the concept of value to the pet owner is impossible to quantify, as the value of their friendship is immeasurable, the law views it differently. Unfortunately, in the case of a pet, the law does not allow for the compensation of “emotional” or subjective factors. It does not value the money that the owner shelled out for a lifetime of food, expensive medications, or exorbitant kennel costs for their deceased pet.
What if another person’s pet attacked and injured or killed your pet? In Virginia, there are no “strict liability” laws that automatically make owners responsible for damage caused by their animals. Thus, your recovery would rest on the ability to prove that the other owner was negligent in the handling of their animal. How is negligence established? One method could include providing evidence that the owner had previous knowledge of aggressive behavior by their dog. In this example, if the attacking dog’s owner knew that their animal had dangerous tendencies and still failed to keep it properly leashed, the dog’s owner would be liable for the injuries resulting from that kind of attack. However, absent evidence of aggressive history for the attacking animal, the burden of proof is difficult to overcome.
However, if a person is injured by a dog, that’s where a personal injury claim may come into play. Again, there are many factors here, including the previously mentioned negligence of the owner. Allen & Allen is experienced in dealing with these types of personal injury claims. If you have suffered a dog bite due to a negligent dog owner, call Allen & Allen today, at 866-388-1307.