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At the advise of my lawyer I am demanding that the kennel compensate me. The compensation would include the kennel fees that I paid, the amount of the adoption (which took place last may), and other fees that were acquired as a result of the boarders negligence. The death occured over the Thanksgiving holiday 2006. There is no way for me to put an amount on my dog so I chose to use the aoption amount as part of the compensation. My lawyer stated that I could possibly get some punitive damage compensation. Anything above the kennel fees will be donated to the local dog pound/humane society. I just have no idea what to ask for. I can file up to $3000 in small claims court, if it should go that far. If they agree to pay me what I am asking for then I will not go to small claims and punitive damages will not be asked for. I just want to be prepared if they choose not to respond to the letter requesting the compensation.
Can anyone help????

2007-01-09 12:45:01 · 8 answers · asked by pet lover 2 in Politics & Government Law & Ethics

8 answers

I think you should! And donating the excess is such a good idea!

2007-01-09 12:54:30 · answer #1 · answered by Celeste P 7 · 0 0

Ask for the max as compensatory damages (stated costs you are out of pocket) and punitive damages (the balance up to the maximum of small claims).

Most small claims judges don't award punitive damages, just actual losses. Despite what you see on Judge Judy. In some states they're not even allowed to award them, but since your lawyer said that you might get some, the old rule of thumb is if you don't ask you won't get them for sure.. :)

They would be foolish to just hand you money, I'd make you go to small claims and prove your case. You better have a great case to take to court. Veterinary post-mortem exam showing cause of death would be the best. Having the vet who did it show up in court would be even better, some judges won't take written evidence they want the person there to question.

Have a written estimate of the value of the dog from at least two sources as well.

2007-01-09 13:19:55 · answer #2 · answered by Anonymous · 0 0

Generally you can only ask for compensatory damages in small claims. In addition to boarding fees and whatever demonstrable expenses you incurred in caring for the dog, you can probably get compensation for your legal consultation, as well as lost work time, phone calls and transportation required to pursue the case - if not for the incident you wouldn't have needed to make those expenditures.

2007-01-09 12:54:01 · answer #3 · answered by dukefenton 7 · 0 0

Everything you said is pretty much covered, but you have to make sure you can prove, if the kennels actions were "negligent", and the cause of death, and maybe pain and suffering??? Maybe the media might be interested in this story???

2007-01-09 12:53:02 · answer #4 · answered by Anonymous · 0 0

I also ask your self how your canines were given get precise of entry to to a unique canines. it is going to likely be the duty of the kennel to save them separated. also, your canines ought to were saved in sparkling situations, regardless. If no human being changed into there to witness the incident, how did they understand it changed into your canines, till they were kenneled mutually? Why did not your canines have its own run? even if someone witnessed it or not, they ought to have contacted you precise this second, as quickly because it changed into got here upon. And regrettably, when you consider that your canines is a bully breed, it is likely that they are going to objective to placed the blame on your canines, even if that's at fault or not. It sounds like this isn't a very solid facility, in accordance with what you're saying.

2016-12-02 01:47:26 · answer #5 · answered by abigail 4 · 0 0

I know this is technically not a misplaced question, but try asking in the Dogs section.

I know a lot of experts there who would be able to give you an accurate estimation.

2007-01-09 12:49:59 · answer #6 · answered by nick o 2 · 0 0

Go for the Maximum! How awful, I am so sorry for you. That kennel shouldn't even be allowed to operate! They deserve to have to pay and pay big!

2007-01-09 12:51:38 · answer #7 · answered by Angelz 5 · 0 0

Go for the maximum. This isn't just about your poor dog but about the fact that if these people get away with it, another dog can die in their care. They need to be punished.

2007-01-09 12:54:07 · answer #8 · answered by starchilde5 6 · 0 0

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