If my dog choked on a treat and I have recently discovered the same treats may have caused my other dog’s death, can I sue the company for damages?

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If my dog choked on a treat and I have recently discovered the same treats may have caused my other dog’s death, can I sue the company for damages?

Asked on August 17, 2012 under General Practice, Maryland

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the dog that choked is OK and did not require any veterinary treatment, that case is not worth pursuing without documentation of the injury. If the dog had veterinary treatment for the choking, then that case is worth pursuing. If the other dog died due to contaminated food, that case is worth pursuing.

You can sue the manufacturer of the pet food and the store where you purchased it.  Your lawsuit would have separate causes of action for negligence and strict liability.  Negligence is the failure to exercise due care (that degree of care that a reasonable pet food manufacturer would have exercised under the same or similar circumstances to produce a product that is not defective).  

Strict liability imposes liability whether or not due care was exercised.

Both the manufacturer and seller (store where you purchased the dog food) are liable for negligence and strict liability.  The store is liable even if it could not have known the pet food was contaminated.

Your damages (the amount of compensation you are seeking in your lawsuit) would be for the veterinary bills and death of your dog.

Prior to filing a lawsuit against the manufacturer and store, it may be possible to settle the case with their insurance carriers.  If the case is settled with the insurance carriers for both the manufacturer and seller, NO lawsuit is filed.  If the case is NOT settled with either insurance carrier, name both the manufacturer and seller (store) as defendants in your lawsuit for negligence and strict liability.  If the case is settled with one, but not both insurance carriers, only name the defendant with whom the case has not settled in your lawsuit.  If the case is NOT settled, you will need to file your lawsuit for negligence and strict liability prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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