[ SHOWGSD-L ] Dog Laws
- From: ELG440@xxxxxxx
- To: Showgsd-l@xxxxxxxxxxxxx
- Date: Mon, 4 Mar 2013 10:50:56 -0500 (EST)
Evan L. Ginsburg
gsyrfund.com
Asgard German Shepherds
_http://www.asgardgsd.com_ (http://www.asgardgsd.com/)
Where Type Movement and Temperament come together
In a message dated 3/3/13 9:36:31 P.M. Pacific Standard Time,
DOGSRLUV@xxxxxxx writes:
The Problem is that you have to go out of small claims and hire an
attorney
that gets expensive, although they are well worth it cause we need them
but I think you can also get attorney fees IF you win.
First of all, thanks for the support of attorneys. We do work for
clients, and I have a number of cases with dog that were intentionally damaged.
n
Generally you only get attorney fees if there is a term in a contract, or
for fraud. For negligence, or even an intentional injury to your property,
you do not get attorney fees.
If they add Emotional Distress for the loss or damage to your Car in an
accident then I Might(?) this it was an OK Idea.
So far, you don't get emotional distress for an auto accident. Although
if you observe a child burning in a car from an accident, you can get
emotional distress. Or, if you are injured and have psychological injuries from
brain damage, you can recover.
The issue if you see someone attack your dog, with malice, has not been
determined. But, in a few cases, the situation is so egregious, they are
starting to recognize the attachment people have to their dogs, and award
provable damages. The key is if the judge or the jury is convinced the harm
was
intentional, and outrageous. There has to be an evil intent.
It is up to the jury or judge to decide.
This does seem a reasonable thing to consider on this List. We all have to
protect our dogs, and stand up to those who would cause them harm. There
are AR groups who think it is fine to kill, poison, set free, or even torture
dogs. I don't agree.
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