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(Some Circuit Court) Sappy Texas appeals court rules owner of mistakenly euthanized dog can sue for damages based on sentimental value rather than replacement cost. "Dogs are unconditionally devoted to their owners"   (courthousenews.com) divider line 86
More: Sappy, A Texas, appeals court, Texas Supreme Court, Texas Courts, trial court, Fort Worth Star-Telegram, supreme court cases  
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3593 clicks; posted to Main » on 16 Nov 2011 at 5:26 AM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»   |    Get this fabulous T-Shirt and impress the methane out of your friends! shirt it!



86 Comments   (+0 »)
   

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2011-11-15 11:43:09 PM
Nobody got shot over this? They call themselves Texans?
 
2011-11-15 11:53:31 PM
Ah, Texas.

Euthanize a dog and everyone gets upset.

Euthanize some innocent black men and no one could care less.
 
2011-11-16 12:57:22 AM
Sid_6.7: Euthanize some innocent black men retards and no one could care less

An alternative version
 
2011-11-16 05:31:25 AM
Meanwhile my cat licks his butt and glares at me from the other side of the bed. No devotion from that thing.
 
2011-11-16 05:33:45 AM
Euthanize my dog and I'll be quoting eye for an eye, etc.

/Dog is laying on my feet as I write this.
 
2011-11-16 05:40:50 AM
Hm. Maybe this'll spread and a whole generation of LEO dogshooters will be sued out of a bad habit.

/sorry, officer, more recent precedent states that you ARE personally liable - we're setting your limited immunity aside - there goes that new boat of yours...
 
2011-11-16 05:41:52 AM
r1niceboy: Euthanize my dog and I'll be quoting eye for an eye, etc.

THIS

The offender's child is also an acceptable substitute.

Sorry to hear about your dog. I love my rats, but I do miss having a dog around the house.

/will never own a dog that weighs less than 50lbs as an adult
 
2011-11-16 05:43:14 AM
RatMaster999: r1niceboy: Euthanize my dog and I'll be quoting eye for an eye, etc.

THIS

The offender's child is also an acceptable substitute.

Sorry to hear about your dog. I love my rats, but I do miss having a dog around the house.

/will never own a dog that weighs less than 50lbs as an adult


FTFM

Nevermind...why did I think your dog was dying? It must be time for sleep or more booze, not sure which.
 
2011-11-16 05:45:06 AM
vetguru.com

The consequences of being able to sue a vet for millions of 'sentimental' dollars when your dog dies would have a profound affect on the entire veterinary industry. People think it's overpriced now and you've got vets with 8+ years of schooling (you know, like a doctor) who earn 50-60k a year. The AVMA has a 100% monopoly on the vet industry though, so you can't legally get your dog treated by anyone who isn't a 'licensed' vet.
 
2011-11-16 05:49:57 AM
Sid_6.7: Ah, Texas.

Euthanize a dog and everyone gets upset.

Euthanize some innocent black men and no one could care less.


it's a head scratcher that's fer sure
 
2011-11-16 05:55:05 AM
Fark_Guy_Rob: [vetguru.com image 640x357]

The consequences of being able to sue a vet for millions of 'sentimental' dollars when your dog dies would have a profound affect on the entire veterinary industry. People think it's overpriced now and you've got vets with 8+ years of schooling (you know, like a doctor) who earn 50-60k a year. The AVMA has a 100% monopoly on the vet industry though, so you can't legally get your dog treated by anyone who isn't a 'licensed' vet.


I read the same thing- All the time I was thinking that my MD should be getting paid what my Vet gets paid and vice versa.

It's not gout you idiot- it's an infected splinter, now how 'bout little help here? Oh and stop watching so many commericals on the tube you dolt.
 
2011-11-16 05:59:41 AM
Fark_Guy_Rob: [vetguru.com image 640x357]

The consequences of being able to sue a vet for millions of 'sentimental' dollars when your dog dies would have a profound affect on the entire veterinary industry. People think it's overpriced now and you've got vets with 8+ years of schooling (you know, like a doctor) who earn 50-60k a year. The AVMA has a 100% monopoly on the vet industry though, so you can't legally get your dog treated by anyone who isn't a 'licensed' vet.


So vets aren't rich. Do you need to be a vet to euthanize a dog?

FTFA:

Jeremy Medlen went to the shelter to bail out Avery, but did not have enough cash in hand to pay the fees. He was told he could return the next day and that a hold-for-owner tag would be placed on Avery's cage, to prevent him from being euthanized. But Avery was killed the next day before the Medlens could pick him up.

So either someone failed to put the "hold-for-owner tag" on the cage or someone failed to notice it. Seems like people working at shelters should be just a bit more caring when it comes to such a thing.

I don't know how you put a "sentimental value" on a living being (pet or human) though.
 
2011-11-16 06:00:04 AM
And now I will stop trying to talk my cousin into veterinary school.

/she'd be really good at it.
 
2011-11-16 06:04:07 AM
RatMaster999: /will never own a dog that weighs less than 50lbs as an adult

I grew up with a big dog. So. Much. Awesome. My roommate has a small dog now and it's cool. But not the same.
 
2011-11-16 06:15:09 AM
I predict a barrage of terribly cool and edgy kids who don't care because it's just an animal. They're so cool and edgy that they have to waste their terribly precious time demonstrating to us all just how edgy and cool they really are. I also predict that if you were to erase their fakebook accounts they'd weep for a week.
 
2011-11-16 06:20:49 AM
Small dogs are high maintenance cats.
 
2011-11-16 06:28:37 AM
Happy Hours: Fark_Guy_Rob: [vetguru.com image 640x357]

The consequences of being able to sue a vet for millions of 'sentimental' dollars when your dog dies would have a profound affect on the entire veterinary industry. People think it's overpriced now and you've got vets with 8+ years of schooling (you know, like a doctor) who earn 50-60k a year. The AVMA has a 100% monopoly on the vet industry though, so you can't legally get your dog treated by anyone who isn't a 'licensed' vet.

So vets aren't rich. Do you need to be a vet to euthanize a dog?

FTFA:

Jeremy Medlen went to the shelter to bail out Avery, but did not have enough cash in hand to pay the fees. He was told he could return the next day and that a hold-for-owner tag would be placed on Avery's cage, to prevent him from being euthanized. But Avery was killed the next day before the Medlens could pick him up.

So either someone failed to put the "hold-for-owner tag" on the cage or someone failed to notice it. Seems like people working at shelters should be just a bit more caring when it comes to such a thing.

I don't know how you put a "sentimental value" on a living being (pet or human) though.


I'm not a lawyer, but from what I understand; yes. You absolutely need to be a vet if you want to euthanize animals. You actually need to be licensed for the individual state you want to practice in too.

I've been to my fair share of animal shelters. They've all been underfunded and understaffed. The truth is, even people with pets, rarely want to pay for the services provided by an animal shelter. It's not uncommon for the majority of 'workers' to be unpaid volunteers. You get a lot of high school students being forced to do a volunteer thing for school or 'vet school hopefuls' who resort to unpaid labour to improve their vet school applications (it's surprisingly difficult to get into vet school) and a lot of retired ladies who really like cats.

The turnover rate is very high. And a lot of these people aren't the world's most attentative workers.

And at many shelters putting down animals is a completely regular and routine thing. Every one I've seen tries to adopt out the animals; but *nobody* wants to adopt an 8 year old dog. It doesn't happen. If a dog is 3-4 sometimes they fudge the numbers and say, 'Oh we don't know how old Spot is for sure, but we think he's probably one or two' and if it's cute, it's got a chance. The rate at which dogs come into shelters always seems higher than the rate they safely leave the shelters. I don't know if it's still like it now, but when the housing bubble started to really go; the local shelters around me had a huge surge of animals. The speculation was that people were getting thrown out of their house/forced to move into an apartment or other dog-unfriendly place; so they just left them in the yard and drove off.

How much of your tax dollars are you willing to spend on the treatment of abandoned eight year old dog that will never be adopted? It could live at the shelter for another four years, easily. It will need food, water, attention and as it gets older, medical treatment. It's not cheap. And the shelter only has X dollars. So, as cruel as it might sound, most places accept that the eight year old dog is screwed, put it down, and use the money they do have to focus on the animals they are more likely to be able to help.

So the real crime here is some unpaid/underpaid animal lover either didn't put a tag on a cage (or didn't secure it properly) or another unpaid/underpaid animal lover didn't look closely enough to see if the tag was there.

The shelter workers already deal with a lot compared to a job at McDonalds. The animals are dangerous and I've seen bite marks and claw marks (claws being more common, but still) and they deal with some pretty disgusting stuff - like having to put down dogs. I'd rather say, 'Would you like Fries with that'. But if you are going to hold me liable for the sentimental value of the dog if I happen to make an innocent mistake? Screw that. Half of them aren't getting paid *at all*.

If you let people sue the shelter for hundreds of thousands of dollars whenever a mistake is made (and it's a privately owned shelter) they still won't be able to afford to hire staff that doesn't suck. And they won't be able to afford 'malpractice' insurance like doctors/hospitals have without drastically increasing the fees that people largely don't pay anyway. So, one mistake, one lawsuit, and the shelter shuts down.

If it's public/city-run shelter, you have all of the same problems but when someone screws up, someone else sues, and the tax payers foot the bill. Which is extra ironic because it's the tax payers that fund the shelter in the first place. Then someone makes a mistake at the tax-payer funded shelter....and bam....the tax payers get to pay outrageous amounts of money to the victim.

I'm not an economist, but if this becomes the standard, the cost of pet ownership is going to skyrocket. Which, maybe is a good thing...and would defeat the need for shelters.
 
2011-11-16 06:29:29 AM
Shoot a police dog and what do you get charged with?
 
2011-11-16 06:33:57 AM
flamingboar: Meanwhile my cat licks his butt and glares at me from the other side of the bed. No devotion from that thing.

I have similar problems with the hamster.
 
2011-11-16 06:51:05 AM
Even individuals that take care of their neighbor's pets...

I'll never be doing that then.
 
2011-11-16 07:05:01 AM
Can we petition Drew for a "Dog Day Afternoon" tag, and have a dog thread on Sunday afternoons?
 
2011-11-16 07:06:07 AM
HAMMERTOE: Shoot a police dog and what do you get charged with?

I think they actually charge you with murder of a police officer, but I could be wrong...I've been wrong before.
 
2011-11-16 07:06:27 AM
Sarah Palin's Conscience: flamingboar: Meanwhile my cat licks his butt and glares at me from the other side of the bed. No devotion from that thing.

I have similar problems with the hamster.


Do not.
 
2011-11-16 07:08:08 AM
aspAddict: HAMMERTOE: Shoot a police dog and what do you get charged with?

I think they actually charge you with murder of a police officer, but I could be wrong...I've been wrong before.


I think you're right. I saw a cop show where some horse's ass in a crowd slapped a cop's horse on the ass and they charged him with assault on a police officer.
 
2011-11-16 07:08:22 AM
aspAddict: HAMMERTOE: Shoot a police dog and what do you get charged with?

I think they actually charge you with murder of a police officer, but I could be wrong...I've been wrong before.


Unless you're a LEO, then you get paid leave for a week and counseling.
 
2011-11-16 07:09:42 AM
Happy Hours: I think you're right. I saw a cop show where some horse's ass in a crowd slapped a cop's horse on the ass and they charged him with assault on a police officer.

I should mention I don't mean a cop show like Adam-12 or The Shield, I mean one where the cameras follow actual cops.
 
2011-11-16 07:10:42 AM
I'm not a violent person. I've never committed an act of violence as an adult.

But if you killed my dog, you can be for goddamn sure I'm going to respond in kind.
 
2011-11-16 07:12:33 AM
I always found it ridiculous that if someone killed my dog through total gross negligence my only recourse was to sue for the value I would for a replacement.

~$200 for another shelter mutt doesn't begin to pay for the total damage done.
 
2011-11-16 07:26:51 AM
My pet goldfish actual cost $1.99
The sentimental value is worth a gazillion dollars.

/I don't see people taking advantage of this stupid law.
//McDonald coffee.
 
2011-11-16 07:27:04 AM
cmunic8r99: Sid_6.7: Euthanize some innocent black men, retards, homosexuals, drug user, Mexican, innocent random guy who pissed off the local yokel sheriff and no one could care less

An alternative version


How about:

C) All of the above


Why does it have to be mutually exclusive?
 
2011-11-16 07:30:52 AM
Fark_Guy_Rob: The consequences of being able to sue a vet for millions of 'sentimental' dollars when your dog dies would have a profound affect on the entire veterinary industry.

I remember hearing the story of a young vet, newly graduated, who was working in a rural area (the kind of place where nearly everyone has a flock of chickens for eggs/dinner). A lady brought in a chicken that seemed to be ill. When the vet was finished diagnosing the illness, he had good news: it was just some commonplace chicken ailment, something that could easily be treated in the rest of the flock. All well and good ... until the lady said that she only had the one pet chicken, and asked where it was. Apparantly, the standard set of diagnostics for cheap livestock animals like chickens includes post-mortem dissection.

The poor guy was totally mortified. He'd had no idea it was a pet, and he'd just finished telling her that its illness was easily treatable, so he couldn't bullshiat his way out of explaining that he'd just killed & dissected her pet. The owner was grief-stricken (as all pet-owners would be). Luckily (for him) this was in Oz, so he didn't get sued. After that, he always made a point to double-check whether an animal had sentimental value.
 
2011-11-16 07:48:16 AM
Sid_6.7: Ah, Texas.

Euthanize a dog and everyone gets upset.

Euthanize some innocent black men and no one could care less.


I care. I used to be all hard-chargin, pro-death penalty right up until I realized just how farked up America's legal system had become.

Now I left thinking that everyone should be armed and we should all dish out the death ourselves when we witness a crime worthy of killing over.

Women should kill their rapists. Guys walking in on other guys raping young boys should kill the rapist. You should kill the person breaking into your home that wants to steal your shiat or do you and yours harm. We should all be shooting politicians, lawyers and priests on sight.... you get the picture.

/held my mastiff's head while we killed her for being in too much pain from pancreatic cancer. euthanized, put to sleep, whatever... she's dead by my choice. Even if it was the right choice she was worth a hell of a lot more to me than the vast majority of humanity.
 
2011-11-16 07:49:30 AM
Add the 'm where appropriate in last post.
 
2011-11-16 08:00:22 AM
WTF_Are_You_Looking_At: My pet goldfish actual cost $1.99
The sentimental value is worth a gazillion dollars.

/I don't see people taking advantage of this stupid law.
//McDonald coffee.


Smurf's law: Any debate about tort reform or whether lawsuit is frivolous or not will eventually become a debate about whether Liebeck v. McDonald's Restaurants was frivolous or not.

/I'm not taking the bait, but someone else will.
 
2011-11-16 08:00:36 AM
""[T]he value of a dog has changed in the eye of the law. So, if mistakes happen, the exposure for everybody is much greater.""



Good... maybe if there are consequences then mistakes will happen less often. I respect shelters and what they aim to do but too many times you get horror stories of an animal being brought in for a routine checkup to a vet and the next day they're dead, because of an innocent mistake. When some vets and shelters treat animals as a number, and take no pains to ensure that the animal is treated the way that someone's child would be treated, then mistakes will happen.

My dog is my child. Whether someone thinks that statement is foolish or not, until they've raised a dog from a puppy themselves and have bonded more completely with that dog then can happen with any child... Then they have no business making decisions flippantly that could cause death or injury to my dog. Having repurcussions for somethng like this should be a given and i'm glad that of all places it's texas that's showing some common sense here. If a state that open for execution and hunting etc etc can recognize the emotional bong of a dog owner and their companion animal then other states will follow.
 
2011-11-16 08:04:44 AM
flamingboar: Meanwhile my cat licks his butt and glares at me from the other side of the bed. No devotion from that thing.

Give cats a break, they care about their owners.

If you die and they can't get out of the house, you'll probably be one of the last things they eat.

/dibs on the most succulent parts
 
2011-11-16 08:06:30 AM
Sid_6.7: Ah, Texas.

Euthanize a dog and everyone gets upset.

Euthanize some innocent black men and no one could care less.


If it had been my black man there damn well would have been a stink raised about it.

/ thanks Lincoln
 
2011-11-16 08:09:51 AM
"Dogs are unconditionally devoted to their owners and want steak"

There, I fixed that for you.
 
2011-11-16 08:10:55 AM
WTF_Are_You_Looking_At: //McDonald coffee.

Have you seen that woman's thighs? There is no reason for an edible liquid to be that hot.
 
2011-11-16 08:17:09 AM
thursdaypostal: WTF_Are_You_Looking_At: //McDonald coffee.

Have you seen that woman's thighs? There is no reason for an edible liquid to be that hot.


Common sense say coffee is hot.
how bad was the burn? Did she lose the leg for her to get that much money?
 
2011-11-16 08:19:54 AM
Ugh, dogs. The worst...

It's not your child, it's a filthy burden. Get over it.
 
2011-11-16 08:21:01 AM
aspAddict: HAMMERTOE: Shoot a police dog and what do you get charged with?

I think they actually charge you with murder of a police officer, but I could be wrong...I've been wrong before.


I haven't. What's it like?
 
2011-11-16 08:23:09 AM
animal900: Ugh, dogs. The worst...

It's not your child, it's a filthy burden. Get over it.


1/10

DIAF and EABOD
 
2011-11-16 08:26:32 AM
Evilsmurf: Smurf's law: Any debate about tort reform or whether lawsuit is frivolous or not will eventually become a debate about whether Liebeck v. McDonald's Restaurants was frivolous or not.

I'm on the fence about that one, on one hand Liebeck should have handled the coffee more carefully.
On the other, McDonald's had an opportunity to settle for $20,000 and should have jumped on it.
 
2011-11-16 08:27:00 AM
WTF_Are_You_Looking_At: thursdaypostal: WTF_Are_You_Looking_At: //McDonald coffee.

Have you seen that woman's thighs? There is no reason for an edible liquid to be that hot.

Common sense say coffee is hot.
how bad was the burn? Did she lose the leg for her to get that much money?


It was bad. You can research it yourself but most people hear "woman sues because she spilled coffee" and think it's frivolous.

I've had a decently good burn from spilling coffee. She spilled more and hers looked worse. I didn't seek treatment. I was just proud of myself for saving most of it. I tripped going upstairs in a warehouse - ah the joys of working 16 hours at a stretch.

Maybe I could have sued. I could have claimed I was overworked and the stairs were slippery.

But like I said, I didn't even seek treatment even though there were burn blisters on my hand.
 
2011-11-16 08:31:47 AM
animal900: Ugh, dogs. The worst...

It's not your child, it's a filthy burden. Get over it.


Do you know how I know you're a troll?
 
2011-11-16 08:36:01 AM
WTF_Are_You_Looking_At: Common sense say coffee is hot.
how bad was the burn? Did she lose the leg for her to get that much money?


First off, no one knows how much she got. They settled with McDonald's for an undisclosed amount UNDER $600,000. That could be anything from $0 to $599,999.99

Do you really want to know how bad? Ok here you go
NSFW!!!, or your stomach, you will need eye bleach afterward (new window) YOU HAVE BEEN WARNED
 
2011-11-16 08:45:48 AM
aspAddict: HAMMERTOE: Shoot a police dog and what do you get charged with?

I think they actually charge you with murder of a police officer, but I could be wrong...I've been wrong before.


Deputize your dog.

i384.photobucket.com
 
2011-11-16 08:48:17 AM
capitulating fromage masticating simian: animal900: Ugh, dogs. The worst...

It's not your child, it's a filthy burden. Get over it.

Do you know how I know you're a troll?


Cause hes never owned a dog and realize how loyal they are.

Mine waits for me on the couch every day when I get home from work. He gets so excited and runs up to me and dances around.

My cat just sits there and meows till I come over and pet her. Theres a big difference between my dog and cat acting when I come home.
 
2011-11-16 08:49:49 AM
zugzub: WTF_Are_You_Looking_At: Common sense say coffee is hot.
how bad was the burn? Did she lose the leg for her to get that much money?

First off, no one knows how much she got. They settled with McDonald's for an undisclosed amount UNDER $600,000. That could be anything from $0 to $599,999.99

Do you really want to know how bad? Ok here you go
NSFW!!!, or your stomach, you will need eye bleach afterward (new window) YOU HAVE BEEN WARNED


That's it? I've seen worst war wounds than that and those soldiers get something like $350,000.
 
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