Can I File a Personal Injury Claim for My Injured Pet?
This summer, the news of Rocky, a golden retriever who survived a boating accident, went viral in South Carolina.
Rocky was boating with his owner on the Ashley River when the boat struck an abandoned underwater concrete block. Both the dog and his owner were pitched into the water; when the owner made it to shore, he realized that Rocky was nowhere to be found.
Thirty-six hours later, however, Rocky showed up safely on the other side of the Ashley River, happily chasing a raccoon through a neighbor’s yard. He suffered an ankle injury but otherwise survived. His owners attribute his survival to the life vest Rocky was wearing at the time of the accident.
Rocky’s story offers a best-case scenario for pet owners. Other pets aren’t always so lucky. Pets can suffer injuries in many ways. Owners have legal options, including the option to file a legal claim when an injury occurs; however, compensation may be extremely limited and most personal injury lawyers don’t take pet cases. If the case is significant, a civil attorney may take it or a pet owner can represent themselves, also known as “pro se”, particularly in small claims court if the damages such as vet bills are under the small claims limit of $7,500.
How Pets May Get Injured
Dogs, cats, and other pets can find an unlimited number of ways to be injured. Pets can be injured in interactions with other people and other animals.
Accidents. Like humans, pets can be injured in accidents. Rocky’s boating accident could have led to injuries, and a pet suffering a similar accident might also be injured. Riding in a vehicle might also result in injuries to a pet during a crash. Dangerous conditions on property, hidden defects in pet or home products, and other forms of negligence can also result in injuries to a dog or other pet.
Other animals. Dogs socialize with one another differently than with humans. When two dogs face off, one dog may cause serious injuries to the other. Similarly, a pet may be injured by another animal.
Other humans. Unfortunately, not all humans love pets. Whether through negligence or intentional behavior, a neighbor or other person may cause injury to a dog, cat, or other pet. The circumstances of the situation will determine what legal remedies, if any, are available.
South Carolina Law and Injuries to Pets
South Carolina law includes several protections for animals, including pets and livestock. The state’s criminal law, for example, makes it a misdemeanor to knowingly or intentionally overwork, abuse, or neglect an animal; torturing one is a felony.
Civil law also offers options for families whose pets have suffered injuries. Past court cases in South Carolina have dealt with issues like:
- Injuries to pets caused by negligence.
- Injuries inflicted by veterinary malpractice.
- Cases involving a breach of contract and pet care leading to injuries.
- Conversion claims (where someone took a pet without permission)
- Trespass to chattel, in which someone interfered with a pet owner’s lawful possession of their pet.
If a pet is injured, an owner may bring an injury claim to court. However, the damages the owner can recover may be limited. In most cases, small claims court and representing yourself may be your best option.
The small claims courts in the Charleston area are usually very helpful to people filing a case, even going so far as to help them fill out the paperwork. Here are links to some of the local small claims courts:
Charleston County:
Dorchester County:
Berkeley County:
- https://berkeleycountysc.gov/wp-content/uploads/docs/Small_Claims_Procedures.pdf
- https://berkeleycountysc.gov/wp-content/uploads/docs/Small-Claims-Complaint.pdf
Traditionally, South Carolina courts view pets as property. For example, if your dog is bitten by a neighbor’s dog, a court is likely to consider the injuries to your dog as a form of property damage and may compensate them accordingly. The court may be more willing to order compensation for vet bills than for your pet’s suffering or your anguish at seeing what happened to your beloved companion.
Today, courts in many states are hearing claims that focus on the emotional distress a pet owner suffers when their beloved companion is injured, killed, or stolen. South Carolina courts have yet to make a definitive statement on whether the state recognizes these claims. Your best option for any sort of compensation may be to file a small claims case.
Disclaimer: This post is for educational and general information purposes only.
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