Pauma Valley, CA asked in Animal / Dog Law for California

Q: If your dog died from dog treats it ate because they put chemicals in it to keep it moist what can you do?

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1 Lawyer Answer
William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Maybe. It depends on what caused the reaction. If your dog has a known allergy, you are responsible for taking precautions and the seller is not expected to warn against them. If your dog had an individualized reaction to a product, the seller is not responsible. If there was an ingredient which you would not reasonably expect to see in dog food, then the seller might be responsible.

The Rule of the Restatement (Second) of Torts, § 402A governing strict liability to allergic users is based on a duty to warn. Comment j to § 402A states in pertinent part:

The seller may reasonably assume that those with common allergies, as for example to eggs or strawberries, will be aware of them, and he is not required to warn against them. Where, however, the product contains an ingredient to which a substantial number of the population are allergic, and the ingredient is one whose danger is not generally known, or if known is one which the consumer would reasonably not expect to find in the product, the seller is required to give warnings against it, if he has knowledge, or by the application of reasonable, developed human skill and foresight should have knowledge, of the presence of the ingredient and the danger.

Further, there is the question of proof. Has your veterinarian concluded that the cause of death was the dog food? Is there an autopsy with laboratory results?

Finally, there is the question of your recoverable damages. Dogs are considered property. You can recover the fair market value of your dog, if you win. Most dogs are not very valuable monetarily. Alternatively, if you win, you could recover the cost of veterinary care incurred for the treatment of illness allegedly caused by the dog food.

If you think you have the proof, and the damages, your case is probably a Small Claims case, where you can recover up to $10k.

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