1) What can pet sitter legally be held responsible for in the wrongful death of my pet?

I had some friends, who have 2 little dogs, take care of my two 15 month old pugs while on vacation. I left them with detailed written instructions, a large dog bed and I requested they call me anytime if any issues arise. One of my dogs got anxious in the middle of the night. They stuck him in a crate because they thought that would calm him down. However, he was improperly crated as the crate was too small, he was placed face first and was left unattended. Due to these conditions, my dog died. According to my vets assessment, my dog was a healthy pug with no major health issues. The dog stressed out due to being confined, which resulted in him vomiting and then aspirated. The people watching him, think he had health issues and didn't want to bother me with a call while on vacation. - Is this your question? Add additional information
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Answers (5)

Pamela Koslyn

Pamela Koslyn

Contributor Level 10
I guess it comes down to which you value more, the friendship or the dog. You chose these people because they were dog people, having dogs of their own, and because you trusted their judgment. You asked these friends for this favor, and it sounds like they tried to do the right thing and took this favor very seriously, including crating your dog in the middle of the night, which means they were caring for your dog round the clock.

If they can be believed, and there seems to be no reason to not to believe them, your dog wasn't prepared for your absence and got anxious, which got compounded by being crated, which may have been a perfectly reasonable thing to try. Unless you know that your friends were negligent, I wouldn't blame them for the loss of the dog. I also wouldn't blame them for not callling you while on vacation - it would have ruined your vacation had you known, and you couldn't have done anything anyway.

You may be able to make a claim on your homeonwer's or renter's insurance for the loss of the dog, if the dog is considered personal property and covered by whatever policy you have.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Laura Mcfarland-Taylor

Laura Mcfarland-Taylor

Contributor Level 8
I agree with Ms Koslyn and only add this: what do you think you will recover by suing your friends? All you could probably claim is the value of the dog and your vet bills and you can easily spend that much in filing suit. It could get very nasty and very expensive very quickly, and there is no guarantee you would win.
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Peter Robert Stone

Peter Robert Stone Avvo Pro

Contributor Level 7
I would sue them in small claims court and demand the limits $7500. You could also search for an attorney who specializes in animal rights cases and see if they would take the case to assess punitive damages and attempt to change the common law of California to allow damages for such a horrible act.

Good luck.
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Peter Robert Stone

Peter Robert Stone Avvo Pro

Contributor Level 7
I would sue them in small claims court and demand the limits $7500. You could also search for an attorney who specializes in animal rights cases and see if they would take the case to assess punitive damages and attempt to change the common law of California to allow damages for such a horrible act.

Good luck.
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James Otto Heiting

James Otto Heiting

Contributor Level 3
You may, if you can prove some negligence on the part of the people who apparently volunteered to take care of your two dogs killed your Pug, claim the value of your deceased dog, in my opinion (how much would it cost to replace the dog, not including sentiment?). Emotional attachment and sentimental value do not go into the equation.
I would not suggest pursuing this case.
Disclaimer: this is my opinion only and does not constitute legal advice. To obtain legal advice, please see a licensed attorney in the area where the action lies and explore the facts and law more thoroughly than can be done at this site.
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