this post was submitted on 11 Mar 2010
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orangeclouds 70 points71 points 6 months ago[-]

how did he get away? carelessness? or an honest, unpreventable accident? as much as it hurts, seeking revenge doesn't bring Luke back... but if they were truly careless with your dog, then certainly that's inappropriate and shouldn't go unnoticed. I'm an animal lover, and I would be absolutely furious if this were to have happened to me and my dog.... so my heart truly goes out to you and your brother. If you could provide some more info though, that would be helpful for providing advice.

strolls 26 points27 points 6 months ago[-]

how did he get away? carelessness? or an honest, unpreventable accident?

I'm sorry, but I don't believe there's such a thing as an "unpreventable accident" in this case. The whole purpose of the kennels is to keep your dog safe whilst you're away.

Considering this, the kennel staff should be checking on the dogs several times a day, always have someone & a vehicle who can take a sick dog to the vet in an emergency, and the whole place should be double-fenced.

If a dog can escape a boarding kennel because his gate to his run has been left open, then the kennel has failed the owner twice. If he can escape his kennel in any way, and not be stopped by another line of security, then the kennel has been negligent.

We all understand that honest, unpreventable accidents happen - it is the job of a professional to ensure that the consequences of honest, unpreventable accidents are minimised.

This is why any aviation accident is scrutinised & thoroughly investigated by the FAA. This is about the best example of treating no "accident" as a simple mistake - there is always a reason. The life of a dog may not be as important or valuable as the hundreds of passengers on a 747, but an extra roll of chainlink fence around the property is hardly expensive, either.

The owner of the dog has entrusted the kennel with the life of his pooch whilst he is away. The kennel has failed that trust, by negligently allowing the dog to escape. It's real easy to open a boarding kennels - you just throw up some cheap sheds & post an advert in the yellow pages, and everything is sunny & roses until someone's beloved hound gets run over by a car. If the kennel owner had only stopped to think about it it beforehand, he could have had an extra row of fence and the dog would have been unable to stray across a dangerous road.

I don't know what the best answer to this is. I don't think suing the kennels will bring the dog back, and dogs are just treated as "property" anyway, so only the replacement value could be awarded by the court. My initial reaction was to suggest to the OP that he kick up a big stink & get the kennel's name in the newspaper - kennels should know that it's more than their reputation is worth to allow a dog to escape, every kennel in the state should be living in fear until they've fixed up a second line of secure fencing around their property, until they're sure this can never happen to them. But that's prolly a bit harsh. A good lawyer may, however, be able to put the fear of God into this kennels, and make sure it never happens again at this location; IMO that should be the explicit goal - not to extract money from the kennels, but to ensure they properly step up their security.

SirTin 53 points54 points 6 months ago[-]

Unpreventable accident scenario #1: Bank robbers mistake kennel for Chase. They figure dogs are better than nothing, and threaten death if all the dogs aren't put in the getaway car. Luke breaks free amidst the chaos and runs away as bullets are shot towards him.

Unpreventable accident scenario #2: Someone brings a dog to the kennel. What no one knew is that this dog BREATHES BEES! 5 minutes after the dog gets inside, all hell breaks loose. Bees are stinging everyone. An employee tries to corral the bee-dog outside but is stung to death. The other employees try to save the dogs by letting them loose, figuring that living but escaped dogs are better than no dogs at all.

Unpreventable accident scenario #3: A gang of muscly boxers tries to appease their bestiality need using Luke and the rest of the dogs. The dogs fight back, and the kennel is torn to shreds during the fight. Eventually the boxers retreat to their hideout not far from the kennel, but the dogs follow! Bruno, the biggest boxer, is caught by the dogs. Luke goes for the jugular, but Bruno aims an uppercut at Luke and kills him. Bruno is torn to shreds by the other dogs.

citricsquid 9 points10 points 6 months ago[-]

What no one knew is that this dog BREATHES BEES!

I won't be sleeping tonight.

SirTin 12 points13 points 6 months ago[-]

Think of this when you have your nightmare. It should contain the bees.

Biemans 6 points7 points 6 months ago[-]

A dog breathing bees is the most awesome image in my head since 2007! You made me a happy man!

SlipstreamInsane 5 points6 points 6 months ago[-]

i kinda want to know what happened in 2007 now...?

Biemans 4 points5 points 6 months ago[-]

I could not sleep and made up some jokes that were so funny I was laughing all night long and woke my girlfriend up by my giggling. I'm sorry I cannot tell them here otherwise I'll get stomach pain from laughing again (and I'm sure you will not think they are funny, since other people never get it)

pmur5 3 points4 points 6 months ago[-]

Oh come on, you have to.

Biemans 6 points7 points 6 months ago[-]

I have to go to bed (5 am here), when I wake up I will post some of the jokes.

77ScuMBag77 4 points5 points 6 months ago[-]

You currently have a dedicated audience of at least 2... Don't let us down.

HopeyChangey 1 point2 points 6 months ago[-]

Hey guys, what's light brown and white and red all over? BWAAHAHAHAHAHAHA!

Looks like Luke failed to use to force...

No but really, sorry for your loss. :)

Biemans 2 points3 points 6 months ago[-]

Okay guys, here you go!

frreekfrreely 1 point2 points 6 months ago[-]

Make that three.

beerok 1 point2 points 6 months ago[-]

Agreed the breathing bees thing is funny, but its also from The Simpsons

jardeon 2 points3 points 6 months ago[-]

...and when they bark, they shoot bees at you?

3L173 -1 points0 points 6 months ago* [-]

Those are all preventable though.

Strolls is right, there's not really such a thing as an "unpreventable accident".

By their very nature accidents could have been avoided...that's what distinguishes them.....if they were truly inevitable we wouldn't recognize them as "accidents"....they would be expected.

The question is did the relevant parties take REASONABLE PRECAUTIONS to prevent the accident. I recognize that many times the prevention of an accident would take precautions that most people would consider unreasonable....as is the point of your ludicrous examples.

In this case it seems likely the kennel did not take reasonable precautions however, and therefore I think they are accountable and liable to a certain extent.

alb1234 3 points4 points 6 months ago[-]

Ludicrous?! Have you ever tried handling a dog that breathes bees? I'll bet you haven't or you wouldn't be mocking his perfectly plausible scenario. If that bee-breathing dog barks even once you better hope you do not have an allergy because brother, you're getting stung. Everywhere. Even on the tip of your penis. I've seen it happen.

3L173 2 points3 points 6 months ago[-]

Actually I was referring to the boxer named Bruno....honestly, WHO EVER HEARD OF A BOXER NAMED BRUNO??!

Arntegio 7 points8 points 6 months ago[-]

Realistic Unpreventable Accident: Dog is taken out for a walk, pulls extremely hard on leash, breaks collar/ring and is free of leash, goes running into traffic.

Until I replaced the collar with a stronger one, my dog used to break off his leash this way. I was lucky that I'd trained him to come back immediately on command, but I still fear he'll break off and run into the street.

strolls 0 points1 point 6 months ago[-]

As a dog owner, you're entitled to take that risk. A professional dog-boarding kennel should be held to a higher standard.

When the dogs at a boarding kennel are being exercised, therefore, they should be be walked on a their lead in a fenced area, or allowed to run freely in an area which is double-fenced.

3L173 -1 points0 points 6 months ago[-]

That is not "unpreventable" though.

It could have been avoided by using a stronger leash/collar in the first place.

Basically by definition all accidents are preventable...the question is did the relevant parties take reasonable precautions.

In the case of OP, it sounds like the kennel perhaps did not live up to it's responsibilities.

In that regard your example is on a fine line. As someone who has bred, raised, and owned more dogs than I can remember I have always taken all my collars, harness, etc for "test runs" and made sure they fit properly...likewise have I trained my dogs not to stray far from me.

I think those are reasonable steps that all dog owners should be expected to take.

....so I'm inclined to feel that if my dog escaped the lead and got hit it would be at least partially if not entirely my own fault.

junkit33 4 points5 points 6 months ago[-]

accidents happen. In every field.

strolls -1 points0 points 6 months ago* [-]

Exactly. That's why, if you're taking someone's money in exchange for providing a service, you should try & foresee what kind of accidents might happen and then take steps to prevent them.

We all recognise that the door to a kennel might get carelessly left oven by a minimum-wage member of staff. If you are the owner of a dog-boarding kennel you are paid to prepare for that, and have an additional barrier of fence around the whole property.

If you're the sole owner of a business then $5000 for a fence might look really hideously expensive. If you consider you might board 20 dogs at a time, then over a year then this is paid for in under a year at the cost of $1 per day per dog.

junkit33 0 points1 point 6 months ago[-]

I don't think you understand what accident means.

In spite of every reasonable precaution things still happen because people make mistakes. A $5000 fence is worthless if the guy in charge of it accidentally opened the door at the wrong time.

dionysian 2 points3 points 6 months ago[-]

Our kennel had a dog escape once in the 3 yrs I was there. It was just a very timely sequence of events. The dog was kind of crazy (and by the way, basenji are typically kind of crazy dogs, the ones we had to handle were biters and very touchy) and when the kennel walker opened door, she had the leash noose ready to drop over dog's head as she cracked open cage door, but dog flipped out, handler backed away fast, cage door swung open and dog ran out. The other kennel workers KNEW this dog was nuts and backed off and it happened to be walking-time, so we had the door to the corridor for going outside propped open for easier access in and out, and the dog ran down there, and just then someone who was walking back inside opened door and dog ran out. Everyone knew this dog was nuts so of course the worker coming inside didn't attempt to grab at the dog. We didnt have a fenced property cause the walking area was the property of the electric company, under the big electrical towers. They didnt mind us letting dogs shit there but they wouldnt let us erect a fence. Anyway, everyone got ass into gear and began tracking the dog with the giant dog-catcher polea and bags of meat treats etc, and someone got on the phone to see if owner could come over and help get the dog since she wasn't aggressive to owner, just strangers/kennel staff.

I fully agree that the kennel should have had another gate between outside door and the walking area to help prevent run-outs but if the dog got out while in the walking-area there was nothing they could do except coax dog back, use dog-catching methods, and help stop traffic, follow dog around while its on the loose.

GregoryHouse_MD 1 point2 points 6 months ago[-]

He's trolling you.

janey24516 1 point2 points 6 months ago[-]

Clearly the kennel timed it just right so that the cage door would unlatch, the gate to the parking lot would be open, so a distracted driver would hit the dog.

Imsparks 1 point2 points 6 months ago[-]

Well, I second that. I also think if it was a real unpreventable accident you shouldn't seek out money. Everyone fucks up, even if it has the worst of consequences. They're out of our control.

Also, if it was preventable and careless, I'd GO FOR GOLD!

dallasdude 18 points19 points 6 months ago[-]

Probably this will be buried and unread, but I insure some commercial kennels. Their insurance policy and the law in general are probably gonna value the animal at "actual cash value". Its not a six figure race horse, and the dog being out didnt result in bodily injury to a person. Really the owner should just pony up and get you a puppy of same breed, outside of the insurance & courts. The law usually treats animals as property. Sorry for your loss.

dreddd 1 point2 points 6 months ago[-]

But there's also the claim of emotional distress, which often nets a hefty sum in a lawsuit.

jellicle 16 points17 points 6 months ago[-]

Your brother clearly has a legal claim against the kennel. Your brother should write an unemotional letter to the kennel laying out the facts ("I left the dog with you; you let the dog out; the dog died.") and requesting money. The kennel should apologize and make some offer of money. Your brother will decide whether that is acceptable or not. If no money is forthcoming I would proceed in small claims court - although the kennel should be insured for such accidents, so I would be surprised if there is no settlement offer. Note that pets aren't necessarily chattels and their "value" may not be limited to the replacement cost.

Here is a case, for example:

http://www.menufoodclaim.com/doc/Ferguson%20et%20al.%20v.%20Birchmount%20Boarding%20Kennels%20Limited%20et.htm

TiltedPlacitan 4 points5 points 6 months ago[-]

A lawyer I once hired said the following:

In most cases, even a crappy settlement is better than what a judge will order.

darkciti 3 points4 points 6 months ago[-]

Divorce, eh?

Glameow 0 points1 point 6 months ago[-]

Money makes everything better.

/sarcasm.

safety_otter 37 points38 points 6 months ago[-]

Yes, I agree, money is useless here. Someone from the kennel should dress up in a dog costume and pretend to be Luke for a period of time that would have been the dog's natural lifespan.

[deleted] -3 points-2 points 6 months ago[-]

The above comment is pure awesome.

jellicle 2 points3 points 6 months ago[-]

It's what we have.

When the dog can be brought back from the dead, presumably that will be a remedy that a court can order. Until then, we have money.

devrelm 1 point2 points 6 months ago[-]

When the dog can be brought back from the dead

♬ For a thousand summers, I'll wait for you ♬

daLeechLord 2 points3 points 6 months ago[-]

If they refuse to cough it up, you could always "pressure" them by taking a Saturday to camp out in front of their establishment with a poster of Luke and a sign that says "These rat bastards killed my dog" or something.

Make sure you are on public property and not trespassing though.

Zurox 7 points8 points 6 months ago[-]

I do not recommend this. Small claims court is probably the way to go.

lightslash53 1 point2 points 6 months ago[-]

im fairly sure this is illegal, and would put him in a bad way with a court if he did try to get money.

tilio 0 points1 point 6 months ago[-]

the number of people who are saying "accidents happen" correlates closely with the number of people who are doormats in those "how 2 get chicks, man" threads. file a lawsuit.

DarthContinent 17 points18 points 6 months ago[-]

Condolences. :-(

See how forthcoming and apologetic they are, if they're assholes then certainly I'd contact a lawyer and see whether you can sue them at least for the cash value of Luke.

Gnascher 19 points20 points 6 months ago[-]

Yeah ... always go this route first.

If they take responsibility and make a reasonable effort to compensate your loss (obviously nobody can replace your "friend"), then shake hands and move on.

If they are jackasses about the affair, then definitely see what your legal recourse is. But don't expect to get rich from this or even much in the way of "pain and suffering" remuneration.

CushBowl 6 points7 points 6 months ago[-]

All business are required to carry liability insurance (where I live) for this exact reason. They are liable for your dogs deaths, therefore their liability insurance company is liable to pay you for your loss.

daLeechLord 6 points7 points 6 months ago[-]

Agreed. The very least they should do is replace the dog. I don't know what the "cash value of Luke" may be, and while suing would definitely be more trouble than it's worth, them getting a call from your lawyer might do the trick.

Wow, and as an owner of multiple dogs, my condolences.

DarthContinent 5 points6 points 6 months ago[-]

I was gonna also suggest maybe the kennel should give him some voucher for some free kennel stays or something, but then I thought, if I were in his shoes, would I want that kennel to have anything to do with my dogs ever again??

Helcionelloida 7 points8 points 6 months ago[-]

Right, and as a kennel owner I doubt you would want to broach that topic right away.

"Well you can bring your dog here for free"

I don't have a dog

"Right...."

atlas245 2 points3 points 6 months ago[-]

That is hilarious lmao, we killed your dog, here is a coupon for a free stay at this kennel.

Unfa 1 point2 points 6 months ago[-]

You can't just "replace" a dog... What the hell man?

MioTheGood 3 points4 points 6 months ago[-]

Of course you can't, but it's the best that you can reasonably expect under the circumstances, no?

karnim 2 points3 points 6 months ago[-]

Agreed. Offering to replace the dog would probably make the situation worse. It lowers the emotional value of the dog to nothing.

Your dog died under our watch, so here's another one! They're exactly the same, right? No hard feelings?

hillsonn 2 points3 points 6 months ago[-]

the cash value of Luke.

how many Lukes is this Toyota Prius?

levinsong 21 points22 points 6 months ago[-]

sorry for your loss. eye for an eye, run them over with cars.

lorj 10 points11 points 6 months ago[-]

I like your sense of justice. I will come to you for legal advice in future.

EggSauce 1 point2 points 6 months ago[-]

Nice try, Batman.

smallfishbigpond 10 points11 points 6 months ago[-]

Sorry about your dog.

First thing, you need to realize that no action you take will bring the dog back. Also keep in mind that it really could have been a one-off accident. Got it? Good.

Second thing to do is make sure this doesn't happen to anyone else's dog. To do that I suppose you need a lawyer to help you organize an inspection of the facilities, get their records, names of employees etc, search for patterns of neglect, and so on. If your investigation turns up nothing, go back and re-read the first thing you need to do before proceeding. Also, it might be a good idea to re-read the contract that was signed when you boarded the dog. Does it release them from any liability?

If your investigation finds problems at the kennel then obviously you can try to get them fixed. I would think you could also get reimbursed for any vet bills incurred from trying to save the little woofer (it sounds like maybe there was a vet involved?). Again that probably depends on the terms of the contract that was signed.

Finally, think really hard about this: Poop happens all the time in this life. Maybe it really was an accident and maybe the person responsible already feels like crap. Do what you can to make sure the kennel has a clean record, but remember that Nothing you do will bring your dog back and in seeking retribution you will only make things worse.

suricatta79 6 points7 points 6 months ago[-]

Best advice here. Sorry everyone, but the easy willingness of people to contact lawyers is one of the reasons why the world is so fucked up. The eye for an eye attitude is eventually what starts wars.

Making sure it doesn't happen to anyone else is the best solution. In this instance you're actually contributing to making the world a better place.

3L173 1 point2 points 6 months ago[-]

Also keep in mind that it really could have been a one-off accident. ...etc

The problem is this is confounding PEOPLE with BUSINESS.

The fact of the matter is, this probably should have been prevented.

Excepting some completely unforeseen event like a meteor striking down the fences that hold the dogs in....this shouldn't have happened.

The fact that sometimes gates get left open allows you to forgive the PERSON who did it....but that's not the issue here...it's the kennel and it's a BUSINESS.

As a business stuff like this is pretty much their entire point. The whole reason OP gave them his dog in the first place is there is an implicit assurance that something like this would not happen...and that if it did the kennel would be responsible for it.

Owning up to and compensating for stuff like this is part of running a business.

If OP was asking for a million dollars or something, you'd have a point...but as it is now OP is just asking for a very reasonable amount in exchange for the business screwing up. Whether or not the screw-up was an "honest mistake" or "understandable" doesn't matter.

Saydrah 74 points75 points 6 months ago[-]

There are two possibilities here: First, the kennel was negligent; in this case, in most states they would be at least liable for the replacement value of your "property." Since Luke was a purebred, you could file in small claims court for perhaps $1,000 or so. In most states the kennel will have liability insurance as mandated by law, so their insurance will probably cough up some sum. If you're lucky enough to live in a state that provides for emotional damages due to the loss of a pet, it might be worth getting a lawyer and filing for a more substantial sum.

However, most professionals who work with animals cannot be held liable for inherent risks of their profession. If the kennel was not negligent and the accident wouldn't have been prevented by anything they could be reasonable expected to do, then they are probably not liable. This goes both ways as well--in most cases, someone who chooses to work with animals professionally (for example, a vet tech) can't sue an animal's owner if they are injured in the course of performing their job, which has certain inherent risks.

So, the question is, did the kennel in fact do anything wrong, or is this a tragic accident that probably has been awful for them as well (though not as awful as losing a loved dog, of course)? If his kennel wasn't properly secured, that's one thing. If a drunken hobo somehow wandered in during the night and released the dog, which high-tailed it for home before anyone could react, that's a different scenario.

If you are certain they were negligent and you intend to take legal action, don't accept any restitution offered to you by the kennel voluntarily--that could be considered acknowledgment that you've been adequately compensated for your loss, meaning you'd be unable to receive any further damages from a lawsuit.

Please don't sue just because you're hurt and angry. If they did something wrong that resulted in the loss of a life, there's reason to sue--perhaps it would even prevent a negligent facility from harming other pets--but if it was an unpreventable accident, don't encourage your brother to prolong his grief with a frivolous lawsuit. It won't bring his dog back to have to go into a courtroom and try to put a cash value on his companion.

tallwill514 31 points32 points 6 months ago[-]

Actually even if the kennel was deemed negligent, the judicial causation would be extremely difficult to prove. This is almost a textbook tort case, and there is no real right or wrong answer.

Proving the kennel's negligence wouldn't be a problem, I believe. Simply because their purpose is to keep dogs, and dog owners can reasonably believe the kennel will fulfill its obligation. The problem is causation. Sure, there was negligence and the dog got out, but is it what caused the dog's death/loss of your property? The kind of applicable causation test depends on your jurisdiction (state/country), and the test is really what's gonna give you an answer.

Also you might have a case in contract law. This depends if the kennel has a clause releasing itself from liability in case of escaped animals. My advice; look at the contract. If there is no such clause: small claims for contract breach. If their contract is bulletproof with regards to escaped animal liability: tort lawsuit. (regardless of contract clauses, if you can prove negligence, causation and prejudice, they will be held liable).

kumori 3 points4 points 6 months ago[-]

Res ipsa loquitur should take care of causation.

tallwill514 8 points9 points 6 months ago[-]

No, res ipsa loquitur takes care only of duty of care (in common law) and negligence. Causation is a whole other problem.

blevins 2 points3 points 6 months ago[-]

res ipsa loquitur will take care of breach. It was the duty of the kennel to safeguard the dog. The dog escaped. That isn't something that would normally happen without negligence on the part of the kennel.
Causation should should be easy. In most States, a tortfeasor is liable for all reasonably foreseeable damages as a result of his negligence. In this case, it is reasonably foreseeable that an escaped dog running wild in the streets would be run over.

tallwill514 7 points8 points 6 months ago* [-]

Eh I'll try pointing out everything that is wrong with this statement.

You're talking about breach. Breach is what allows you to recover damages in case of non-fulfillment of a contractual obligation by one party. That's fine, I covered that with my advise to look at the contract. If they have a clause that releases them from this kind of liability, there is no breach. But then, for some reason, you link breach with negligence and causation, which are tort law concepts (extra-contractual). So I assume you're talking about breach of duty of care. Even if duty of care is breached, you still have to prove causation.

In most States, a tortfeasor is liable for all reasonably foreseeable damages as a result of his negligence.

This is completely false. You're skipping the causation factor. There are so many instances where causation is not inferred, or even proven but denied for policy reasons, that I won't mention them here.

In this case, it is reasonably foreseeable that an escaped dog running wild in the streets would be run over.

Again, even if the balance of probability was all he needed in this case, this is not a reasonable outcome. Plus it would depend on the area where this happened (city/rural), information we don't have here.

Azured 3 points4 points 6 months ago* [-]

Ok, so if we agree that the contract is likely to have a clause protecting the kennel from liability, we need to focus on negligence. Let’s look at breach first.

It seems clear that the standard of care of a kennel professional would be to provide a service that would protect dogs and prevent them from escaping. That's seems fairly clear, but has that duty been breached? Tallwill514 is right, res ipsa loquitur does not go towards causation but may be used to show a breach of the duty of the standard of care. If there is no apparent third party interference, then the fact that the dog escaped speaks for itself. Courts tend not to put too much emphasis on the doctrine of res ipsa, but this particular situation is fairly well suited to it.

Causation is certainly the tricky element, but, depending on the facts at hand, I don’t think there would be too much difficulty in making it out. Assuming that the kennel did in fact breach its duty of care, the basic ‘but for’ test is satisfied (but for the defendant’s breach of his duty the dog would not have run out and been hit). The real question concerns remoteness of damage. To me, it doesn’t seem that remote. It's a dog; there appears to be a road nearby; dogs run on roads. But again this turns on the facts: if the kennel is located on an island in a fortress of solitude and the dog had to swim 20 leagues to find a road then yes, the damage will be too remote. If the dog simply ran out of the kennel and was hit then I’d say the causation isn't too remote. The latter scenario is certainly less remote than the facts in, say, Wagon Mound.

As for suing for emotional damage, I wouldn’t bother. Your proximity to the accident in both time and space is fairly large. This fact when coupled with some fairly strong policy arguments against allowing suits for emotional damage in relation to animals I’d say pretty much kills your cause of action here.

But then again, I’m writing from a commonwealth perspective. Perhaps there are some US precedents that could support that cause.

Oh and Saydrah… who let you back in the house?

...Just kidding *wink*.

tallwill514 3 points4 points 6 months ago[-]

Spot on. The problem with causation is definitely remoteness of damage. To that you could add the proportionality. The remoteness depends on the situation/location, and the proportionality is somewhat important. Potentially small negligence + somewhat remote damage (third party action killing the dog) + big loss = damage not proportional to the negligence.

Anyway, I guess the important point is that this isn't an easy case to win. It's an unfortunate loss, but I'd try to get over it without legal action, especially in tort.

vin7116 2 points3 points 6 months ago[-]

I'm not sure anyone is correct. Res Ipsa Loquitor means "the thing speaks for itself." Practically, Res Ipsa is an evidentiary rule in its most basic sense. That is, res ipsa allows the jury to infer that a loss or injury was CAUSED by a negligent act of the defendant, without requiring the victim to prove specific act or acts of negligence. Quite the contrary, often the defendant is burdened with proving it was not negligent.

Basically, it may be inferred that harm suffered by the plaintiff is caused by negligence of the (particular) defendant when (1) The event is of a kind which ordinarily does not occur in the absence of negligence; (2) Other responsible causes, including the conduct of the plaintiff and third persons, are sufficiently eliminated by the evidence; and (3) The indicated negligence is within the scope of the defendant’s duty to the plaintiff.

It is the function of the court to determine whether the inference may reasonably be drawn by the jury, or whether it must necessarily be drawn. It is the function of the jury to determine whether the inference is to be drawn in any case where different conclusions may reasonably be reached.

Knowledge: Law Student. I made an A in Torts

Azured 1 point2 points 6 months ago* [-]

No offence, but "law student? "A in Torts". Is that really worth citing as qualification for your opinion? Good work on that A. Good luck with your bar exam.

(That being said, I agree with the majority of what you've just said.)

lawlyer 1 point2 points 6 months ago[-]

I think he was referring to breach of the standard of care owed to the plaintiff. Not breach of a contract. Res ispa goes toward both duty of care owed and breach of that duty. But yes, proximate and legal causation are still require in Res Ispa cases.

flossdaily 0 points1 point 6 months ago[-]

Law school flashbacks!

HUGE-FROG 2 points3 points 6 months ago[-]

Tortfeasor is the greatest band name ever. "(Un)Civil Court" will be the name of our first album.

lawlyer 3 points4 points 6 months ago[-]

If you got contract problems, I feel bad for you son! I got 99 problems but a breach ain't 1! Hit me!

TheWholeEnchelada 2 points3 points 6 months ago[-]

With any tort case, there is a reasonable chain of events that can occur after an incident which can be attributed to the original accident. For instance, there was a supreme court case where a man caused a car accident and the victim was airlifted from the scene. The airlift helicopter crashed, and the person that caused the accident was held liable for both the accident and the helicopter crash. In this case, the dog running into the road is a pretty reasonable event to occur after it escaped, which would make the kennel liable.

Davisourus 2 points3 points 6 months ago[-]

I'm going to have to respectfully disagree. One possible scenario:

Did you know dog leashes are designed to break? A dog can exert enough force on a leash to really hurt themselves, so they design the clasp to break after a certain amount of strain. If this dog wasn't trained to not pull hard on the leash then it is completely possible that the dog's leash snapped off.

I not only feel this could potentially not be negligence, I also feel it is difficult to care for many dogs no matter how many safeguards you put in: they're wild animals that have been domesticated, you never know what they are capable of.

That being said, my condolences, I've loved and lost two very wonderful dogs.

dionysian 1 point2 points 6 months ago[-]

most kennels and vets don't use the dog's leash or a leash attached to collar for this reason. they use slip-noose leashes that become a choke collar if dog pulls on them. also allows kennel person/tech walking the dog to not experience a dog slipping out of a collar (my dog could do this very easily, she figured out how to back out of the collar as i tried to hold her) since they're not experienced with a dog's habits or idiosyncrasies.

the kennel i worked at put dogs' collars and leashes in a bag til they went home. the reason was that the dogs could potentiallly catch their dog tags on some part of the cage, or somehow trap their foot in the collar trying to scratch it off, or simply get out of the collar and chew on it and have a choking or digestive issue. they wore thin and light plastic collars (like wristbands you get at concerts) with their name and the vet's number on them.

and PS i've never heard of dog leashes designed to break. i've heard of cat collars designed to break because they could get caught while cat is shimmying through a small space, or jumping around in trees or whatever. a little breakaway elastic band. But dog leashes aren't designed to break as far as i have ever seen or experienced. Link to breakway leash or collar for dogs, please??

Saydrah 5 points6 points 6 months ago[-]

Good correction; upvoted. Good point also about the contract; any of the big chains certainly have such a clause, but smaller kennels may not.

My first "summer job" after high school was at a Petco in the retail store. The attached grooming shop had a groomer who accidentally killed a customer's cat by using a shampoo that is safe for dogs but can be lethal to cats. Petco, being a giant evil corporation, tried to avoid even paying for any vet bills but when it became clear the owner was willing to sue they ended up settling out of court for the vet bills plus a small additional amount. The groomer remained employed there for several years and now owns her own salon, last I heard.

Muntz 5 points6 points 6 months ago[-]

That's so sad. I imagine that poor employee felt really bad about it.

Saydrah 3 points4 points 6 months ago[-]

She did feel awful about it, of course. She was actually a really sweet lady, but I have no idea how someone with training and experience missed the huge warning labels that say "do not use on cats" on the shampoo that's toxic to cats. I guess sleep deprivation will do strange things to anyone.

jelos98 6 points7 points 6 months ago[-]

Why in the world would you use a shampoo that's lethal to cats in a store that serves cats, in the first place? Surely there's something that works on both that, you know, won't kill either.

Saydrah 0 points1 point 6 months ago[-]

There's a particular type of shampoo that is highly beneficial to dogs with skin problems. Cats are pretty rarely bathed in most grooming shops, and the one little bottle of cat toxic shampoo has warning labels all over it. Petco also did one thing right in instituting additional required training for any groomer who wants to even touch a cat--most of their groomers aren't allowed to handle cats since they are much more likely to injure a groomer than dogs and much more sensitive to substances. In this case the cat had a skin problem that, if it had been a dog, would have been helped by this shampoo, and for no apparent reason the highly experienced groomer who did have the additional training to work with cats used it despite knowing darn well it was toxic. It was an incredibly boneheaded mistake that was very hard to reconcile with the sweet lady everyone knew her to be.

exiduselectric 0 points1 point 6 months ago[-]

How can you say the dog escaping the kennel wasn't the cause of its death? Would that car have driven through the kennel seeking out the dog if it had not been able to escape? I think not.

tallwill514 4 points5 points 6 months ago[-]

It's a bit more complicated than that. Causation is more like "did the kennel's negligence cause the dog to get run over by a car?". If the kennel is negligent, and the car ran over a dog, you have to make a causal link between the two. The but-for test works, but then again, because of the third party (the driver), the prejudice may be too remote for the kennel to be liable.

jaxcs 3 points4 points 6 months ago* [-]

Maybe I'm alone in this but I don't see this as a frivolous lawsuit at all. At the minimum, costs of replacing a pet should be compensated. Purchasing a dog and all related shots can come to a largish sum. Frankly, I don't care how regretful they are. You are owed compensation for the dog.

downbycoleslaw 2 points3 points 6 months ago[-]

"Since Luke was a purebred, you could file in small claims court for perhaps $1,000 or so."

This is the most important part of the whole post -- the problem with the case is not establishing a prima facie tort claim for negligence. The negligence claim here is relatively straightforward. The issue is damages. (I will refrain from speculating on what the terms of the contract are -- let's assume a contract claim is off the table). Dogs and other 'pets' are generally property -- damages are limited.

As such, unless the dog was kept for breeding purposes, was hired out for drug / corpse / bomb sniffing, or was an animal actor, you will likely only have a claim for the value of the dog. This means the actual cost of the animal (or replacement cost) as well as some additional amount for costs related to the care of the deceased pet. At the end of the day likely $1000-2000.

So what should you do?

First off -- figure out what you want from the kennel. Do you want an apology? Do you want them to admit that they're wrong? Do you want money?

You'll be able to get all of these items with an out of court settlement. It will also be quicker, cleaner, and far less expensive. Consider speaking to an Attorney for this -- they may be able to help with the nuts and bolts of this, some in your area may focus on alternative dispute resolution.

If you want to beat the kennel up in litigation / court (some people want to such things) then by all means -- sue. But, this matter will not be handled on a contingency basis -- it's going to be hourly. It will likely cost well in excess of $2000. If it goes to trial, think more like $10,000.

flossdaily 3 points4 points 6 months ago[-]

Saydrah, do you have a law degree? That was pretty thorough.

Saydrah 4 points5 points 6 months ago[-]

Thanks! No, but I think tallwill probably does and he corrected me on some points I got wrong. I'm just an armchair lawyer and perpetual potential law student. I talk myself into applying to law school and then talk myself back out of it about once a month. I've pretty much settled on "take the LSAT in a couple years and if I do well it's a sign that I should go to law school" now. The problem is the areas of law I'm most interested in are also the lowest paying, and I'd hate to end up with a bunch of student loans I'd never be able to pay off after going this long without any substantial debt.

flossdaily 12 points13 points 6 months ago[-]

Don't be a lawyer. It sucks. It sucks so bad.

Saydrah 3 points4 points 6 months ago[-]

Really? :( What kind of law do you do? I think I remember you mentioning contract law, but I could be wrong.

I'm fascinated with criminal defense intellectually, but a life of helping scumbags while barely scraping by myself doesn't exactly appeal to me. I'd love to be a prosecutor if I believed that most of the laws in this country were just, but that's not likely to happen in my lifetime. That leaves human rights law and environmental law as my remaining areas of interest, and those both seem to be specialties with lots of fish in the pond who are willing to work 70 hour weeks for what comes down to slave wages when you consider how much work is put in.

flossdaily 5 points6 points 6 months ago[-]

Right now I'm unemployed. Have been for some time. I'm truly financially fucked. The law degree hasn't helped at all. No entry level attorney jobs- and everyone else tells me I'm overqualified.

Anyways, right now I'd take anything, but I'm mostly trained up to do legislation, lobbying, media reform or labor law.

As for criminal defense, I don't know how it pays... but if you specialize in white collar crime, I bet you can rake it in.

I can't be a prosecutor, because I believe our drug laws are utter bullshit.

You might find that Intellectual Property Law agrees with you, because it will have a lot of overlaps with your social media consulting background.

Speaking of which, has the shitstorm settled down any, or are you still getting constant abuse?

Saydrah 2 points3 points 6 months ago[-]

Oh god, that really sucks. All that time and money on law school and you get "overqualified?" I mean, I see the employer's perspective of course, you don't want to hire someone who isn't committed for the long term, but you would think there would be something someone with that much education could do in their field!

I can't be a prosecutor, because I believe our drug laws are utter bullshit.

Agreement 100% there, I'd want to let everyone arrested for possession go.

I wouldn't want to do anything that would have me working for RIAA types, but I'm sure Intellectual Property is more complex than that. I would have to do something that would allow me to actually prepare and deliver arguments in a courtroom of some sort. I'm not really interested in the type of law my brother-in-law does, where he does paperwork for other people who then actually argue cases.

As for shitstorms; it's internet drama. Oddly enough most of my former "enemies" on Reddit are friendly with me again because of this, so, silver linings.

flossdaily 1 point2 points 6 months ago[-]

Yeah... I'm a couple months from 1 year being unemployed. I'm going to freak the fuck out if that happens.

Saydrah 0 points1 point 6 months ago[-]

Ugh! I'll cross my fingers for a job and/or a book deal for you before that one-year mark. I had my first brush with unemployment last year and even though it was mercifully brief, it was awful.

Altairassassin 2 points3 points 6 months ago[-]

Safety and peace, Saydrah. I just wanted to bring to your attention that a templar, or more likely, an asshole, is downvoting all of your comments.

flossdaily 0 points1 point 6 months ago[-]

thanks. keep your eye open if you see something for me ;)

lawlyer 1 point2 points 6 months ago[-]

If you want to be a lawyer, healthcare and employment law are two fastly growing fields of law. Other than that, good luck.

Saydrah -2 points-1 points 6 months ago[-]

Are you in that field? What does healthcare law involve? Things like bringing suit against insurance companies that refuse to pay for treatment for patients?

Law fascinates me--I could read my law student friends' textbooks and final exam questions for hours as pleasure reading (and I do, when I get the chance). I'm just afraid that the law school would be the best part of the whole deal and actually being a lawyer wouldn't be nearly as delightful as I imagine it.

Ziaix 3 points4 points 6 months ago[-]

Finally! Someone giving good advice that isn't "Sue! Sue! Sue!" or just saying to ignore it.

ilikedirigibles -2 points-1 points 6 months ago[-]

This is absolutely the best advice on this page.

[deleted] 4 points5 points 6 months ago[-]

Send them an angry letter stating that they owe you 1 dog.

ronsta 2 points3 points 6 months ago[-]

It?

What was his/her name? Can you post a pic?

I mourn your loss.

heavysteve 4 points5 points 6 months ago* [-]

That sucks man, I have 2 basenjis and they are pretty much impossible to catch if they get off leash. My younger one can climb a 6 foot chainlink fence without trouble, and the older one can work doorhandles.

I would be a wreck if anything happened to my dogs, but that is a risk with basenjis. Theyre really smart idiots. The kennel was probably ignorant to the extra care they require. If it was a golden retriever or something I would sue the balls of em, but unfortunately, the basenji was probably smarter then the kennel-workers

note - My older once got off his leash in the mountains in december in 4 feet of snow, I chased him for over an hour before he got stuck in a hole and I could catch him. Another time he chewed through his leash on a trip while out for a pee and took off down a busy 6 lane highway. I nearly got killed and nearly shit my pants trying to catch him then. Now he has a chain leash and a full harness.

MonkeyWrench 4 points5 points 6 months ago[-]

I am an American and I find the suggestion of extracting money from them repulsive as well. NO amount of money is going to replace Luke, it won't even make you feel better. There is nothing wrong with an explanation and a truly sincere apology but, to want money or expect a replacement of your dog as some have suggested? I think that is a disservice to Lukes' memory and perhaps anyone who would go that route, didn't truly love and appreciate their friend as much as they'd like to believe.

[deleted] 2 points3 points 6 months ago[-]

Just have them buy you a new dog, kennels and kennel workers dont make shit and their jobs suck.

peaty 2 points3 points 6 months ago[-]

Accidents happen I'm sorry for the lose but get over it.

TheBoyTucker 2 points3 points 6 months ago[-]

Rather than sue, approach the kennel in a friendly and professional manner and ask for compensation. If they are insured, which they should be, they will be insured against exactly this type of thing. You might save yourself hassle and legal fees.

nominus 2 points3 points 6 months ago[-]

I don't have any legal advice, and I'm not a big believer in suing the crap out of people over something that can easily be an honest accident. If this were to happen to me, I would simply ask (firmly) that the kennel take steps to make sure that it didn't happen again. If a fence was loose, replace it. If the ground is too easily dug by the dog to escape under a fence, install something permanent and concrete-like. Ask to inspect the area where your dog was and see if you can find anything that is amiss. If not, well, I wouldn't really expect the kennel owner to be held responsible then either.

flossdaily 0 points1 point 6 months ago[-]

I'm not a big believer in suing the crap out of people over something that can easily be an honest accident

It is unacceptable that someone could run a Kennel in such a way that animals could escape and run into traffic. The most fundamental duty is to keep the animals safe and healthy until the owners reclaim them. There is nothing "honest" about this accident. Poor training, poor job performance, or poorly constructed facilities are to blame- and that is unacceptable negligence on the part of the Kennel owners.

Whitey4Obama 3 points4 points 6 months ago[-]

Dude, fuck anyone that bitches about you suing people for this. 'Shit happens' does not cover a fucking kennel, whose sole job is to take care of your dog, letting your dog escape and get run over.

They deserve to be sued and not just for monetary value. Sue them for whatever you can get and don't feel bad about it.

Unklebeavis 2 points3 points 6 months ago[-]

Somehow the phrases "Negligence" or "Breach of Contract" jump out at me.

NZFLE 1 point2 points 6 months ago[-]

Without getting too technical and not knowing all the facts I'd say it is quite likely that you have a pretty clear claim in negligence.

The only problem will be quantifying the damage you have suffered. Unfortunately the Court system puts a $ value on everything. IMO the value of something like a family pet can't be quantified in dollar terms.

You will probably be able to get back vet bills following the accident, how much you paid for the dog, the cost of storing it at the kennel and maybe some pecuniary damages for emotional distress.

Like people have said, you should see a lawyer regarding this and see if you think its worth pursuing it in light of their fees.

I'm sorry for your loss.

dinx2582 2 points3 points 6 months ago[-]

Yep. Contact a lawyer. This is unacceptable for a business that revolves around the safe-keeping of domesticated animals.

EDIT: I'm really sorry for you guys, by the way. Breaks my heart :(

GregoryHouse_MD 2 points3 points 6 months ago[-]

Reddit, a kennel allowed my dog to escape and be hit by a car while under their care. It did not survive. What action should I take against them, if any?

This is a troll. I know it's a troll because pet owners never refer to their dogs as "it". They refer to them as "HE" or "SHE" like family members.

Nice try asshole. Now go back to whatever hole in the wall you came from -- was it Digg or 4chan?

people_person 0 points1 point 6 months ago[-]

good call

people_person 5 points6 points 6 months ago[-]

but a little harsh, his dog just died.

ihadanidea 1 point2 points 6 months ago[-]

It's that did?

Thrillho- 1 point2 points 6 months ago[-]

The correct action is: Legal action.

whatevesbro 1 point2 points 6 months ago[-]

Damn, my condolences.

gears28 1 point2 points 6 months ago[-]

"it somehow escaped" yeah, Its a dog.. thats what they do...

how is that someones fault?

[deleted] 1 point2 points 6 months ago[-]

Maybe they'll let you sleep with some of the help?

cammycam 1 point2 points 6 months ago[-]

If it's a non-profit org that exists to save animals on the side, don't sue. If it's a for profit kennel that goes cheap on the animal care so the family doesn't have to get up and drive to work every day, with no other redeeming qualities, sue the hell out of them with the hopes that they go out of business and can't do this to another animal again.

Metal_Mike 1 point2 points 6 months ago[-]

Your local TV news will absolutely love this, if you want to go the public shame route.

[deleted] 1 point2 points 6 months ago[-]

SEEK

MOTHERFUCKING SEEK

SEEK AND DESTROOOOOOOOOOOOOOOY

spacefish 1 point2 points 6 months ago[-]

A little background first on my feelings about canines first.

I got my dog, chewbacca, when he was just old enough to be given away. I got him at the pound because someone abandoned his litter. He was my first dog that was MINE. I grew up next to a highway and my parents didn't want to go through the exercise of explaining a dead dog to a little kid. So it was a fairly big deal for me to finally go and get one of my own. He's 3 now and he is AWESOME. All of his various traits combine to make a dog that is a perfect little buddy for me. I don't consider him human, or to be like my child, because he is not. Nonetheless he is a highly valued and irreplaceable part of my family, and in THAT respect I treat him like a human, because I would defend him from harm with the same fervor that I would with any of my family members.

About 4 or 5 years ago my wife's dog died of cancer. The vet my wife brought her to was a total jack-ass about it. Now I realize that nothing would have reversed the final outcome of the situation, since she started being sick and degraded to the point of death within a week. But regardless of that I still wanted to go to the vet and just not leave until the man was bawling because that my friend is reciprocity.

So. I am sure the kennel workers, as well as the owners feel terrible about this. You don't start a business like that unless you love animals. I mean LOVE. Just think about being around that many animals all the time. Dogs are my favorite pet and that would drive me right the fuck out of my mind. They probably feel even worse about it, because they know what it means to be attached, and now due to actions which occurred under their supervision someone lost their dog, so they have to worry about the possible repercussions of this as a legal entity.

Now part of me wants to say, drag them right the hell over the coals, but that won't fix anything, and will just be a seed of ill intent. Here's what I think though. Your brother should search high and low for a shelter dog, and then the kennel should pay all the fees associated with getting the dog.

fucktoy 1 point2 points 6 months ago[-]

Sorry for your loss. I think everyone else covered it, I just wanted to say that he's gorgeous. I had a basenji when I was a kid. :)

TheShrO_Om 1 point2 points 6 months ago[-]

see how they react, say you're going to make this public and destroy they're income and reputation as a company then see what happens.

hobbitlover 1 point2 points 6 months ago[-]

I'm no law-talking-guy, but all this advice about waiting to see what happened before taking any action is kind of silly because it assumes that the kennel owner will be honest about any lapse if this goes to trial. If you take a legal position, then the owner can say anything, place the blame on an employee, point to a broken lock, whatever. The only issue that is relevant is the dead dog and what constitutes fair compensation to a paying customer — restaurants comp your meal when the waiter spills soup in your lap, kennels that are in charge of a dog that escapes and gets hit by a car should by you a new dog. If they don't, you never eat there again...

JanJoost 1 point2 points 6 months ago[-]

If you're American: sue. If you live anywhere else: Grief, find some good pictures, have them printed, frame the picture, hang it somewhere nice. The good people at the kennel probably feel terrible as well about this.

hellokittie 1 point2 points 6 months ago[-]

I would write a one star google review on them saying how they let my dog die if no adequate apology was given.

zimmian 1 point2 points 6 months ago[-]

I'm sorry for your loss. I had a red basinji who looked just like Luke. He died at 13 of bone cancer.

That dude could get out of anywhere though. It was impossible to put him somewhere he didn't want to be. He even chewed through a 2" wood door to get inside one weekend.

Most proper kennels have two sets of doors everywhere to catch those squirrelly dogs from running out between your legs. I would expect them to change the way their shop is set up at the very least.

eugenesbluegenes 1 point2 points 6 months ago[-]

I think yelp and/or any kennel/vet review websites need to hear about it. And I'm so sorry.

rr360405 1 point2 points 6 months ago[-]

The best thing you can do is write plenty of online reviews about the place. Also word of mouth. Let social networking do it's work. People won't want their babies to have the same fate as yours did. Also, you can sue them. But you can really only sue them for the amount you paid for boarding, perhaps the dog, and emotional damage. But when it comes down to it, is the money going to bring your dog back? I'm sorry, but it isn't (obviously), and that's something you should consider. I was raised by attorneys (parents, uncles, grandparents, cousins, etc.), so I'm certainly not an attorney, but I've learned a thing or two, and sometimes it just isn't worth the fight.

EDIT Oh, and you may be able to sue the individual on duty that was in charge of taking care of your dog. But before you do this, find out the whole story. If this was a total freak accident, you might not want to pursue a lawsuit on an individual. Good luck with whatever you do. You should keep us posted

[deleted] 1 point2 points 6 months ago[-]

I am very sorry to hear about what happened to your dog.

The truly unfortunate thing is that in most states, suing for damages in something like this will probably be fruitless. As with trying to sue a vet for a dog that dies in their care- even with negligence- they will be responsible for the monetary value of the animal, and nothing more. As a result, you might end up with $400 or whatever the "replacement" cost would be- and I know full well that a dog is not replaceable in this sense, but that is how it will most likely be viewed legally. Moreover, the city will most likely take the stance that the dog's life was already in danger by roaming free.

Perhaps your state is different, and while I encourage you to check with a lawyer, I wouldn't hold out hope that anyone will be held responsible. As a result, your best option might be to try to affect change within the organization: find out what happened, and get that procedure to be changed.

iorgfeflkd 1 point2 points 6 months ago* [-]

If that had happened to my dog, I would not be able to restrain myself. In fact, just reading this I am barely able to restrain myself.

I loved that dog more than anyone and anything.

boeing82 0 points1 point 6 months ago[-]

You refer to your dog as "it"?

AnnArchist 1 point2 points 6 months ago[-]

I'd probably sue them.

ApathyJacks -2 points-1 points 6 months ago[-]

Nuke them from orbit.

[deleted] 4 points5 points 6 months ago[-]

It's the only way to be sure.

col381 0 points1 point 6 months ago* [-]

I feel for you - it's horrible to have your dog get killed, but put yourself in the kennels position. They almost certainly did not 'let' your dog escape, your dog saw an opportunity and took it and unfortunately got run over. I don't call this neglegant, I call this 'shit happens'. As unfortunate as it is, this sounds like it was nobody's fault but the dogs. Best to leave it at that and move on. Sorry for your loss dude.

cat_mech 0 points1 point 6 months ago[-]

People are just jumping on the 'grab me some money' train because they don't have the presence of mind to realize that getting money isn't going to make it hurt less. That's just North American litigation society rearing it's ignorant head. It's not that you have no claim to money, it's that if you are asking about a real issue of suffering, suing people as your first reaction is demeaning to your pal's memory.

I think what you should do is write a letter to the owner of the kennel and explain to them how much your companion meant to your family. Immediately asking for money is just opportunistic and shameful- it just reduces your friend to a dollar value. If you want real resolution, you need to see that the person responsible actually understands the pain they have caused and feels real remorse for what they did. Not to hurt them, but so you can see that a genuine empathy for your suffering has occurred.

Maybe expressing in the letter just what your pal meant to your brother might give you a little more peace of mind than the people who can only see things in 'how much can I grab and how fast?' terms if you can convey to the people responsible that what they should be doing, and no one should have to ask them this, is to go to your brother and look him in the face when they offer an actual heartfelt apology.

In a situation like this, I think having the other person understand how much it hurts and feeling genuine remorse and regret for their error and the pain it caused your family, would be a lot more cathartic and resolve the heavy emotional issues involved. If you want revenge, there is nothing more brutal than living with the understanding of how you hurt someone and how you can never change it.

Anyone who is telling you you should be vulturing for money as fast as you can just lacks real life experience and maturity. Ask yourself what would give your brother more resolution, a handful of bills that had to be wrestled from the person, or to see that they really understood how much it hurt and that that genuinely felt remorse.

It actually kinda saddens me to see how many people are so shallow that all they could think of was replacing a companion with a dollar value. That doesn't make things hurt less, unless you are a socio-path, and that being your first reaction demeans and puts a number value on the pain losing your companion caused you.

I guess if you don't like it you can always sue me?

lightslash53 0 points1 point 6 months ago[-]

Until i know what happened, i will reserve judgement, idiots who say sue right away are being stupid. I work in a vet hospital and you can never tell WTF an animal will do, one second they can be perfectly calm the next they could start attacking you, and dogs behave differently around different people so none of that,"oh fido would never do anything like that" nonsense, animals are unpredictable try to hear out the kennels story even if you don't want to.

When you find out more please tell, until then, i can imagine about 100 different situations where this was unpreventable.

Also what kind-size of dog, a large dog can easily overpower a person, and a small dog could easily slip out of a persons hands.

And also, did the kennel "allow your dog to escape" or was it accidental, im getting a bit annoyed with people who have extremely biased titles.

valduchi 0 points1 point 6 months ago[-]

I don't know what you should do, but I am really sorry this happened. It really sucks.

Meades_Loves_Memes 0 points1 point 6 months ago[-]

How about mourn your dog and get on with life. Don't help the stereotype that Americans sue for anything.

chompy_jr 0 points1 point 6 months ago[-]

I'm real sorry about Luke. Personally, I wouldn't sue. I'd be upset but not enough to hire a lawyer. As Americans we're a bit too litigious IMO.

In a perfect world the owner of the kennel would be apologetic and offer something as compensation starting with a heartfelt "I'm soooo sorry".

Even if the worst happens and the kennel owner happens to be a raging asshole, meh, sucks to be them. karma can be a bitch. I'd just move forward.

sharky1 -1 points0 points 6 months ago[-]

I would sue their asses. Imcompetent people should not be allowed to run a business. That is the biggest priority, to keep your animals safe while in their care.

Sorry for your loss :(

thedevilyousay 0 points1 point 6 months ago[-]

JUDGE JUDY FOR FUCKING SURE.

dumsumguy 0 points1 point 6 months ago[-]

Molotov cocktails are a personal favorite.

spenroe 0 points1 point 6 months ago[-]

As someone who has worked in a kennel. Basenji's are crazy ass dogs. Sorry for your loss.

shamanicspacebum 0 points1 point 6 months ago[-]

I think you are entitled to something too. I know that sentimental loss can't be replaced and you shouldn't try. But the dog was an investment for your family and that money is now gone because of their carelessness.

Hopefully the kennel will see reason. "unpreventable accident." Yeah.. I would like to hear some details on that.

wjp3 0 points1 point 6 months ago[-]

I'm terrified this might happen to my two dogs. I'm sorry for your loss. Sometimes I look at how attached I am to my dogs and think it's ridiculous, but dammit, they're family.

disinforeddit 0 points1 point 6 months ago[-]

Get a lawyer, you need to prove negligence and review the contract you had with them. You may have signed your rights away already. If you didn't sign away any rights and you can prove negligence.. then you are entitled to a civil lawsuit for damages plus pain and suffering, etc...

You also need to take into consideration who runs the Kennel and why.. if it's a large financial operation that makes a lot of money.. sue their ass off, if it's a mom and pop operation that simply does it to help the community at cost.. you may want to reconsider.

theloudestshoutout 0 points1 point 6 months ago[-]

From a legal standpoint, you're probably entitled to some financial compensation.

From society's standpoint, you're not entitled to clog the judicial system with a frivolous lawsuit to compensate you for the loss of a companion that you referred to as an "it" as opposed to him/her. I mean, you can, but you shouldn't.

Land of the free (to waste everyone else's time), home of the brave (enough to take only what freedom you need)... think about it.

karmabook 0 points1 point 6 months ago[-]

Forgiveness;

TheBigPanda 0 points1 point 6 months ago[-]

There is no question here really. Grab your M-14 and a couple of grenades and go postal. People sure have been known to kill for less.

MacyBelle 0 points1 point 6 months ago[-]

I don't have much to add other than I'm so sorry for your loss. That dog reminds me so much of my Mickey, he's part basenji, they're great dogs. I hope you get justice!

shookshok 0 points1 point 6 months ago[-]

that sucks, wish this article was about a kernel instead...

johnwayne1 0 points1 point 6 months ago[-]

the fact that you describe the dog with the word "it" tells me your just interested in money.

KorgRue 0 points1 point 6 months ago[-]

If it was honestly an accident, I would accept an apology. I am not a fan of lawsuits unless it was pure negligence or intentional.

I might go one further and request that they cover the adoption fees for a new dog from the SPCA. Other dogs need homes and a lawsuit wont bring your pup back. If you do replace him/her, please do not buy from a puppy mill (aka pet store). Either head over to the SPCA (preferable) or contact a reputable breeder.

Sorry about your loss.

jelliedbabies 0 points1 point 6 months ago[-]

Send them a letter detailing your stance on the issue (wanting money to replace the dogs value) but make it clear you are willing to take them to court if they are unwilling to pay up. send an invoice with the letter for shots and other stuff and tell them to contact their legal representative on the issue who will hopefully tell them to pay up and have you sign a "I'm not going to screw you out of more money at a later date" contract with some sort of hush money payment and contract to stop the kenels reputation and business going to shit.

Sex_Cactus 0 points1 point 6 months ago[-]

Show them what happens when you fuck a stranger in the ass.

dionysian 0 points1 point 6 months ago[-]

I want to note something.

Our kennel took care of plenty of dogs, and the Basenji were always ..... touchy dogs. They had to be handled in a certain way or they'd snap and bite, or try their hardest to jerk out of the leash (but could not because we used our own slip-noose leashes that just become choke collars with pulling). They were extremely aristocratic dogs and hated being around strangers in a strange place, definitely dogs you didnt want to grab at if they were running loose.

From wikipedia basenji temperament and behavior:

The Basenji is alert, affectionate, energetic, and curious and reserved with strangers. The Basenji is somewhat aloof, but can also form strong bonds with people and can become emotionally attached to a single human. Basenjis may not get along with non-canine pets. It is commmonly patient, but does best with older considerate handlers. Basenjis dislike wet weather, like to climb, can easily get over chain wire fences, and are very clever at getting their own way. The Basenji has the unique properties of not barking (it makes a low, liquid ululation instead) and cleaning itself like a cat. It can be described as speedy, frisky, tireless at play, and teasing the owner into play. Most Basenji problems usually involve a mismatch between owner and pet - it is a very intelligent breed and can be dominant. Basenjis often stand on their hind legs, somewhat like a meerkat, by themselves or leaning on something; the Basenji is also known to be able to jump over 6 feet vertically.[citation needed] This behavior is often observed when the dog is curious about something. Basenjis reveal their animal-of-prey nature by chasing after fast moving objects that cross their paths.

So... basenji can climb and jump like mofo's, and in my experience are not very friendly to strangers. You didn't mention anything about HOW this dog got away. If its something sort of inherent to the breed there may not be anything you can do legally. Most dogs can't climb fences and jump super high.

shatterbeam 0 points1 point 6 months ago[-]

Accidents happen.

The same could have happened in your own yard.

Unless there was actual systemic neglect, do nothing. Unless there was real neglect, it wasn't their fault, and nothing you do to them will bring your dog back.

dirtymoney 0 points1 point 6 months ago[-]

ask for double what the dog was worth. If the kennel owners give it to you... consider yourself lucky. If they dont... then small claims court for the value of the dog. The Kennel will lose & they know it. So odds are they will cough up the double-amount (if they are smart).

bullx2 0 points1 point 6 months ago[-]

From reading your edits, i can see you'll be trolling for some "trauma dollars"..and you might throw in some counseling, by a certified MH pro. And don't forget the love that the kids will miss from the beloved animal. Im not saying your not due something, instead of replacing it with a high dollar, overbred animal, try a mutt next time. I don't understand the whole attachment to animals thingy, seems silly to me..it was a dog for christsakes, not a child. (yea, im a insensitive asshole)

njmh 0 points1 point 6 months ago[-]

I reckon sue for the value of a replacement animal if you feel you need to, but no more than that. Society today is way too litigious.

Snowlock 0 points1 point 6 months ago[-]

Bad news really. I am speaking from some experience and being a lawyer. A friend of mine had the same thing happen 1st year of law school.

The unfortunate result is that pets are considered to be property, and the death of a pet by the negligence of another is basically the same as if you asked someone to watch over an expensive vase for you while you were away on vacation. If they break the vase, they merely have to pay you the value of the vase.

In general, the value of the pet (since pets don't appreciate with age) is the cost you bought it for. So if you bought an amazing dog at the animal shelter for $25... you get back $25 in damages.

Sorry.

dont_ban_me_please 0 points1 point 6 months ago[-]

It's a fucking dog. Tell them to get you a new one and get on with life.

anerkie33 0 points1 point 6 months ago* [-]

Your options are pretty limited.

While yes, there's a growing movement in NYC and possibly SF where abuse of animals is a prosecuted criminal offense, this doesn't sound like one of those cases. This sounds like a freak accident, or at worst incompetence, which falls far short of an animal cruelty standard. So criminal prosecution is out.

Litigation would also be fruitless since our society considers pets objects, not sacred living things. It's a small claims action at most and you get approximately what you paid for the dog, less depreciation and reasonable wear and tear.

As an aside, this is why chemotherapy costs $100 for a dog but $100,000 for a person and why you can call a vet in the morning and get an appointment for that afternoon but to see a doctor requires weeks if not months of lead time. The value of the principal and the recourse for loss sets the cost of service. A hospital that let your father get up and wander into traffic after surgery while recovering from general anesthetic would be so fucked, but an animal hospital? Three, four figures of liability tops.

(FWIW, sometimes I wish I could dehumanize myself by signing a waiver and go to my vet for a checkup. It sure would be convenient.)

people_person 0 points1 point 6 months ago[-]

Fuck that shit. They have insurance for exactly this.

Antistis 0 points1 point 6 months ago[-]

I don't have advice for the legal crud, but I feel for you, a lot. In the past 4 years, I've lost two dogs and over ten cats due to the area I live in, so I know your loss. Though getting another animals helps, I suggest getting a little charm or something to remember him by. It elps me get over my animals. I always took a dog tag and got their names engraved on it, and I hang it on my billboard.

I hope you and your amily were at least able to put him to proper rest and bury him. It helps to say a few last words.

cannedheatinmyheels 0 points1 point 6 months ago[-]

;( i've had 2 dogs die in my life, my heart goes out to you.

dishie 0 points1 point 6 months ago[-]

I don't have any legal advice, but I did want to say sorry for your loss. Losing a pet is heartbreaking.

TokenRightWinger 0 points1 point 6 months ago[-]

Clearly, you must kill them one by one with increasingly psychotic 'games' where they must make a moral choice, of sorts, or else die. You will take the first 2, put them in a dilapidated industrial bathroom, and anchor them to the wall by their legs. Give them instructions via a microcassette recorder on how to escape by following the "rules" of their "game".

They will learn from both tapes that one must escape the bathroom, while the other must kill him before six o'clock, or he'll lose his wife and daughter and be left to die. They find a bag containing two hacksaws, though neither is able to cut through the chains. They will realize with growing fear that they are meant to be used on their feet.

Let me know when this is done and I will contact you with further instructions.

elementskat3r 0 points1 point 6 months ago[-]

Sue the ever-living shit out of them. That was your brother's dog. They are supposedly professionals. This shit should NOT happen. If it were my dog, I'd be raising hell.