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Pet-Sitter Let One of My Indoor Cats Escape. Can I Sue Them For Damages?
Our family recently went on vacation and we hired a local pet-sitting service to look after our two cats. We gave them the keys to our house so they could come in each day to make sure the cats had fresh food and water. We also paid extra for them to take time to play with the cats. Well, apparently they accidentally let one of our cats escape out the front door. My children are heartbroken and our male cat is very upset. He keeps searching for his sister. What is our recourse?
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Answers (1)
The first thing you need to find out is whether the pet-sitting service is insured. Most of these service businesses take out liability protection insurance or pet sitting insurance. Typically, the insurance will only cover the cost to replace your cat. However, if you wish to file a lawsuit against the service, you may be able to sue for compensatory damages and mental anguish. Compensatory damages award a plaintiff with the monetary amount necessary to replace what was lost and nothing more. In the 1996 case in the State of Georgia, Carroll v. Rock, the Plaintiff (Rock) sued the veterinary clinic for losing her cat after she dropped him off to be neutered. It was the opinion of the court that while she couldn’t recover punitive damages (damages recoverable when defendant acts maliciously), they did find in her favor. The jury returned a verdict awarding the plaintiff $150 in compensatory damages, $650 attorney fees, $350 reimbursement for cost of gas while searching for the cat, and $2000 for mental anguish, pain and suffering. The $2000 for mental anguish was overturned upon appeal as the plaintiff did not prove the defendant’s conduct was outrageous or egregious. In any case, it’s best to seek advice from a personal injury attorney who will be able to inform you regarding the laws in your particular state.
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Posted by Linda Adams on 21 Jan 2010
1 person found this useful
(4 Votes)