Can you recover expenses for injuries to your pet caused by another party in California? We sometimes get calls from clients who want to know if they can file a valid injury claim if their dog, cat or other pet is injured. In the past the courts have concluded that a pet owner is only entitled to the value of the pet, or the costs to treat (or “repair”) the injured pet, whichever is less. This is akin to damage to a vehicle, or other physical object. If a vehicle is damaged, as a general rule, the owner is only entitled to recover the costs to repair the vehicle, or the value of the vehicle at the time of the damage, whichever is less. For example if a car is only worth $1500, but it costs $10,000 to repair it, one is only entitled to $1500.
In a recent case, Kimes vs. Grosser, the court reversed the general sentiment, and held that the pet owner could recover expenses for injuries to your pet caused by another party. In this case, the plaintiff’s cat was shockingly and unfortunately shot. The cat owner spent about $36,000 to care for and treat the cat for the injuries that it received. The trial court dismissed the case, because the pet owner could not prove that the value of the cat exceeded the treatment costs.
Fortunately in this case our appellate courts reversed the ruling of the lower court, and held that the pet owner could recover the costs of care ($36,000), regardless of the “value” of the cat, as long as the costs were reasonable and necessary. In addition, the pet owner could recover punitive damages against the person that shot the cat, if they could prove the necessary elements for punitive damages.
You can absolutely recover expenses for injuries to your pet caused by another party in California if they were liable for the injuries sustained by your beloved pet. In some cases, similar to a dog bite case, the claim is made against the homeowners or renters insurance of the responsible party. In others it may be covered by their car insurance or other liability related coverage.
If your pet is injured due to the negligence of another party I invite you to review the strong recommendations of our clients and the legal industry and contact us or call 949-305-1400 to speak with me personally for a free consultation. There is no cost to you out of pocket as we work on a contingency fee basis.