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Kansas City, MO asked in Animal / Dog Law, Environmental and Personal Injury for Missouri

Q: Can I pursue legal action for water contamination affecting my dog?

I believe my dog passed away from cancer due to water contamination in our area. He had been healthy prior to this, and the contamination could be a possible cause of his illness. I haven't noticed other similar cases, but I want to hold someone responsible for his suffering and mine. I've consulted with a veterinarian about the potential cause. Could I pursue legal action for this?

2 Lawyer Answers

A: Yes. Anyone may sue anyone for anything. Whether it makes sense to sue is a better question.

Unfortunately, under Missouri law, a dog is considered personal property, just like a refrigerator. Therefore, even if you were to win a lawsuit, you'd probably only be entitled to reasonable value of an x-year-old dog on the open market, not the dog's much higher value to you as your cherished companion.

Also, you'd need expert testimony to prove that the contamination was the cause of your dog's cancer. That would be difficult to prove and could cost you thousands of dollars.

James L. Arrasmith
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Answered

A: You can explore a tort claim against the party responsible for contaminating your water—whether that’s a municipal supplier, an agricultural operation, or an industrial discharger—by proving that they owed a duty to deliver safe water, breached that duty, and caused your dog’s fatal illness and your emotional distress.

Begin by having the water tested by an accredited lab to identify specific contaminants and their concentrations, then obtain an expert veterinary pathology report linking those toxins to your dog’s cancer. Collect any records of known spills, regulatory violations, or warning notices in your area to show the contaminant source and the responsible party’s knowledge of the hazard.

With that evidence in hand, consult an attorney experienced in environmental or personal injury law to evaluate your chances of success under Missouri’s wrongful death statutes for pets (where applicable) and negligence rules. They can guide you through filing a claim for veterinary costs, your dog’s value, and your own emotional distress, and advise whether a broader class action might be warranted if other animals or families have been affected.

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