Yes – if your pet falls ill or gets injured due to a recalled pet product or food, you may be able to sue for damages. While establishing liability in a pet food lawsuit can be difficult, it’s not impossible. To build a compelling case, you need to show that the product was defective or contaminated and clearly establish that the contamination directly caused your pet harm.
How To Prove a Pet Product/Food Company Is Liable?
An experienced attorney can help you compile crucial evidence, which may include:
- Documentation of the recalled product/food: Gather and keep any documentation related to the recalled pet product or food, including product labels, packaging, receipts or any notices or communications regarding recalls of the product or food.
- Veterinary records: Hold onto all relevant veterinary records that document the connection between your pet’s illness or injury and the allegedly defective or contaminated product. These records may include medical reports, diagnoses, treatment plans, prescribed medications and any other relevant medical documentation.
- Proof of purchase or ownership: Provide evidence that you purchased or owned the product that caused your pet to become sick or injured, including receipts, invoices and credit card statements. Taking pictures of the product or keeping the defective product itself can also help bolster your case. Just make sure you store it out of reach from your pet.
- Timeline: Establish a clear timeline of events outlining the product’s purchase, when your pet consumed it/played with the toy/used the product and when the symptoms or illness first appeared. Detail specific dates, times and any observable changes in your pet’s behavior or health.
- Description of your pet’s condition: Supply a comprehensive description – involving photos and videos if possible – of your pet’s condition that contains their specific symptoms, duration and severity.
- Communication with the pet food company: Keep a record of any time you contacted the company or their customer service line, which includes verbal conversations, emails or written correspondence. This can help show that you took the appropriate steps to notify the company before pursuing legal action.
- Witness statements: If someone witnessed your pet’s illness or injury, ask them to provide written statements detailing what they observed to help substantiate your claim and bolster your case.
- Any additional evidence: Laboratory test results, expert opinions from veterinarians or other relevant documentation, if necessary.
Why Are Pets Viewed as Property by the Law?
Under the law, pets are generally considered property. This classification stems from the traditional understanding of pets as objects of personal ownership and control. Despite many pet owners considering their pets to be integral to the family, the legal system does not give them the same rights and protections as humans.
As a result, the damages awarded in personal injury cases involving pets are usually limited to their market value as property instead of considering the emotional distress or loss of companionship one might be entitled to in a wrongful death or personal injury case.
The skilled attorneys at the Weycer Law Firm have experience with all types of personal injury cases and are available to discuss your situation during a free initial case evaluation.
What Damages Are Awarded in a Pet Product/Pet Food Lawsuit?
If you successfully prove liability, you may be reimbursed for veterinary bills, other medical treatment expenses, the value of any lost or diminished property (meaning your pet) and punitive damages, depending on if the company’s behavior was particularly egregious.
Houston Residents Can Receive Expert Legal Representation From Attorneys Who’ve Helped Clients Win Similar Cases To Yours
Unfortunately, defective or contaminated products are a threat that hurts thousands every year. Filing a personal injury claim can be difficult, regardless of whether the victim is human or not. At Weycer Law Firm, our team of product liability lawyers is ready to defend the rights of people and pets alike. We’ll traverse the complicated legal landscape on your behalf to help you receive the compensation you deserve.
Call (713) 668-4545 or visit us online today for free face-to-face case consultation with an experienced attorney.