It was a pleasure to meet you last week, although I am sorry it was under such sad circumstances. Following our meeting, I researched the law in New York; unfortunately, the law only recognizes pets as property. This therefore limits our ability to recover damages, however it does not rule out recovery entirely. From my research if we were able, to prove negligence we would have a legal claim against Mr. Stewart for loss of companionship. It may nevertheless be difficult to prove Mr. Stewart acted negligently. I therefore believe we have a reasonable chance of recovery if you decide to pursue legal action.
Before we discuss the law and your legal alternatives, I would like to review my understanding of the facts so that I can confirm that I have the accurate understanding of what happened. As you may know the factual background of any legal case is critically important, as lawsuits are often won or lost based on factual nuances. I am uncomfortably aware of how painful it must be thinking back to the tragic incident; however is important that my understanding is correct. Please let me know if my understanding of the facts is incorrect in anyway.
As I understand the facts, on January 15 2014 your 10-year-old mix lab golden retriever was as he often did playing in your fenced in backyard. When you went to backyard to find him you saw that had managed to jump over the fence. You believe he climbed onto your flowerbeds, which are 2 feet off the ground. You told me that he had jumped the fence when he was younger but he has not done it in years. You believed that since he was older it would be hard for him to be able to make the jump.
You then went over to the front of your house and, continued to call his name. You ...
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...e apparitions flying in the face of overwhelming authority to the contrary”. Therefore even though you as most people do recognized him as a member of your family the courts will not.
This means you will not be able to get damages for watching Sam die. The courts are always very skeptical in giving money to someone who witnessed an accident that caused the death or serious injury to the victim. The only circumstance where court will award damages is when the victim the plaintiff saw was a member of their family or friend. The courts have even ruled that plaintiffs cannot receive damages for mental suffering and emotional disturbance for the loss of property.
We will be able to recover for loss of companionship. The courts have ruled that in cases were negligence caused the loss of a pet, plaintiffs are able to recover damages stemming from loss of companionship.
Pets, Inc. may argue parody under 15 U.S.C §1125(c)(3)(A)(ii), to assert that they have not impaired the distinctiveness of Chapels mark, parody is not a complete defense under Trademark Dilution due to Pets, Inc.’s use of the mark as its designation of source i.e. as its trademark.
Most pets are put down or run away rather than have gone through expensive treatment. Even in the aforementioned article “The Last Meow” it mentions a statistics that states, “ Every year, while pets like theirs are saved by the most elaborate means some six million strays are put to sleep.” I have personal experience with my first ever dog whom I loved and the sweetest beagle named Snoopy. In his adult life, Snoopy had ear infection, to which we laid out the money for his ear medication. We paid for the medicine because it was a reasonable price that wouldn’t financially harm us.When he got really old he suffered from back discus problems which hindered his ability to walk and it slowly got worse. The only option was to pay for an expensive surgery that most likely wouldn't lead to a long term solution for is back. We didn’t have all the money in the world so the obvious decision was made and we put him to sleep. In cases like mine, people do not give up the money because of unrighteous selfish reasons but because of their obligation to take care of a family or just themselves. Plus it is just common sense not to go into debut for a pet and the few examples of people who do overspend are considered to be financially irresponsible
Many people consider animals as a part of the family. Pets are fun and can be a great addition to many homes. Although, owning an animal can come with many added benefits other than just having a cute and furry friend to play with. People who own pets, may see an increase in their overall quality of life compared to non-pet owners. Pets are a great way to improve the physical, social, and mental health of their owners.
In 2016, the American Pet Products Association found that pet owners are expected to spend 62.75 billion dollars on their pets. This amount is about 4% higher than the amount from 2015 which was 60.28 billion dollars. It’s sad that people spend this much money on their pets, but what’s even worse is that pets don’t have a say in their owners decisions. If a pet is suffering they probably don’t want to live anymore but their owners keep pushing them by paying whatever amount is necessary to keep them alive. In “the Last Meow”, Billger mentions that a German countess left her 80 million dollar estate to her dog Gunther. Instead of doing this she could have donated it to a better
To my surprise, he was upset with me and said that having a dog without control was a big misdemeanor. Then, he proceeded to take my information and gave me a citation to the Municipal Court of The Colony, while my dog was still trying to sniff around, like nothing different was happening. Afterwards, I looked for places or parks that were dog-friendly in order to take my dog, and that way I did not worry about his freedom and leash.... ... middle of paper ... ...
Restate Thesis Statement: Dogs don’t only give owners happiness; they also affect their owners positively.
As stressful as school is for college students, most agree that they should be allowed to have pets in their dorm rooms. When the argument comes up that pets should be allowed in the dorm room, that does not mean that students only want to be able to have a pet fish. Most colleges now only allow aquatic animals such as fish and turtles and they even have to be in a certain size aquarium tank. Many would agree that when they come back from a very stressful, hard working day at school they would like to be able to cuddle up next to their pup. It is a known fact that dogs, and other furry pets, relieve stress and anxiety, they’re fun, they brighten people’s mood, and they also teach responsibility. So the question here is, should pets be allowed
“A dog is a man’s best friend” goes much deeper than the phrase might initially imply. Recently many medical journals have begun to identify with the many and varied benefits of pet ownership. Men have always relied upon animals for work, transportation, and survival. As times have changed, man has begun to appreciate a different bond with animals. Gone are the days of animals running free outside around the homestead, for now animals are allowed inside and are considered by many to be an integral part of our daily lives! Medical studies have found that animals have a much greater intelligence level than originally thought. Through proper training and experience, animals are not only household pets, but also are becoming an accepted form of medical treatment.
I invested in a rescue Rottweiler. Harley was the sweetest, loving dog that I have ever owned. He was really scary looking, but never growled at anyone other than my x husband. Rottweilers are dogs that mirror their owner’s emotions. The only time I felt that scared was when my X was around. It was amazing. Suddenly I slept through the night. Harley chased my X back to his car on one occasion. That was the last time that he came to my house. I only got my Harley for a little over a year. He was an old dog that lived kind of a rough life. He passed away from bone cancer. I now have a five year old Rottie named Soder (the name means Keeper from
Animal welfare is a fairly recent, yet troubling argument in society. This subject is a strong argument on a variety of opinions. Animal welfare has become a major issue and has grown internationally. The human concern and the safety and rights of animals is the meaning of the concept of animal welfare. Through decades of animal welfare, people fight to prevent the action of animal cruelty and bring help towards animal rights.
Happy feeling and emotions toward me is not always the best. I bought him for $400 dollars. When I first brought the puppy home, my family yelled at me for wasting my money. I was happy that I now had an animal companion to play with. He is still young and was still scared of his new surrounding. He cried every night, just like a newborn baby missing his mother. Now months have passed and he is still crying, I tried my best to make my dog feel comfortable and safe around me. I padded him on the butt when he uses the carpet as a restroom, as if he was outside in the backyard. He now fears me when he knows that he did wrong. When I see him, I yell out his name and say, "Time out for you." He will run along and hide behind the sofa.
In 1991, a ten year old boy killed his eight week old puppy by stabbing him in the rectum with a pencil. He was then convicted of juvenile court and counseling for a year (Cindy A. Adams, “America’s Abuse Problem”). This is the sad awful truth of what happens to animals everyday. Animal abuse is a big problem in our society and there are varying degrees of this issue including intentional abuse and animal hoarding but, there is one very clear solution and that is to report it to the police and get the animal legal justice.
Fergus has been a great addition to our family. We've had to put in some work to get things right, but I can't imagine giving up on him. If more people would be willing to put a little work into a relationship with their pet, there would be fewer abandoned animals at the humane society. If fewer people supported backyard breeders the demand would be eliminated. Dogs show their families so much love and devotion, it would be nice if everyone could return these sentiments to their deserving companions.
Owning a Pet Having a pet is a wonderful idea! Pets bring companionship, personality, and gut wrenching humor to households across the world. Having previously owned both a cat and a dog, and currently being without a pet, I began to think about getting a new furry friend. Born a dog lover, and bred into a cat lover, I had the difficult decision of choosing one of the two. When I was twenty-two years old, I answered an advertisement in the paper for free Labrador puppies.
A year ago, I saw a picture of the cutest Austrailian Shepard mix on Facebook. The caption read, needs rescue, owners are moving and don't want her to go to the Shelter. Her name is Rose, and she had the absolutely sadest look in her eyes I had ever seen. I should be in to my new house with my bigger yard by then for sure I thought, so I said we would foster her if no one else took her. A month or so later, no one had stepped up to save this beautiful girls life, and my friend from the local volunteer animal rescue asked me if I could still foster her. Our new home (New to us, it is really old actually.) had turned out to be unlivable so we had to stay in our tiny apartment with our tiny little patio. I knew my husband, Robert, was going to be upset, but I said yes anyway. I couldn't let those sad eyes go to the shelter, no matter how long Rob did not talk to me.