Asked in Animal / Dog Law, Personal Injury and Wrongful Death for Florida

Q: What can i do about my dog being put to sleep without my consent?

I ask my family members in Kissimmee, Florida to see if they can watch over my dog while i completed my tour in Korea. I gave them my dog September 2018 and is being over 1 yr. Apparently my dog was playing with their little yorkie and my dog she is american bulldog. So while fighting over a toy she accidentally snap the neck of the yorkie. My family members notify of the situation and told me they needed me to find another home for my dog. While i was trying to find a temporary home for my dog, i called the osceola county animal shelter to ask for advice. When i told them my dogs information they tell me that they euthanized my dog. I ask who gave the authorization and they responded with my family member said he is the owner. I told the representative from the shelter that im the rightful owner and i was ask if my dog was microchip. I said yes but they fail to verify first before starting the process and killing my dog. Is this illegal, can i press charges or do something. Thank you.

1 Lawyer Answer

A: Regarding the issue of pressing a criminal charge (such as destruction of personal property), that is a question for the local law enforcement authorities. Regarding the issue of seeking money damages from the shelter and/or from family member(s), you do have potential claims there, though possibly only for the fair market value of the dog (what a dog of that breed and age would reasonably go for on the market). Under a very narrow set of circumstances, emotional distress damages could be sought (for example, if you could prove it was an intentional killing with knowledge that they were committing an illegal act). Also, if you were to sue family member(s), he/she/they could file counterclaims against you for their services taking care of your dog.

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