What are our rights if my dog swallowed an object that sold for a treat but we had no idea it would break off and kill him?

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What are our rights if my dog swallowed an object that sold for a treat but we had no idea it would break off and kill him?

This object got stuck in my dogs intestine which caused a huge infection. He had to be put to sleep on 5/13/13. He was nine years old, very healthy, had him since he was eight weeks old. Do you think I have a case against the store where we bought it?

Asked on May 16, 2013 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You probably do not have a worthwhile case, unfortunately. When an animal dies, even if someone else was at fault, you can only recover up to the economic value of the animal--i.e. what the animal cost. There is no additional recovery for the emotional loss you suffered. However, bringing a product liability suit can be expensive, since you would need some expert testimony (e.g. from a vet) that the product was designed or manufactured in a dangerous or defective way. Unless your dog was a very expensive show or breeding dog, you will probably spend more pursuing a lawsuit than you could recover.


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