Posted on 12/04/2006 12:26:44 PM PST by kiriath_jearim
ORTHFIELD, Vt. -- When Denis and Sarah Scheele's dog was fatally shot after wandering onto a man's property, they sued -- and not just for damages. The couple also wanted compensation for their emotional distress and loss of companionship.
Their case is one of a growing number around the country that asks courts to recognize what dog owners already do: that man's best friend is worth more than its retail price.
"When you lose something like that, the loss is immeasurable," said Sarah Scheele, 47. "You can't just go to a pet store and buy another animal. It doesn't replace the family member that was lost."
Unable to have children, the Scheeles got two dogs instead. They fed them human food, brushed their teeth and put coats on them when it rained.
The Scheeles say the death of Shadow, a shepherd-chow-spaniel mix they called their "little boy," entitles them to damages beyond the direct expenses typically awarded in such cases.
Historically, courts have allowed people suing over the death of an animal to collect such expenses as its purchase price and veterinary bills.
"Courts look at market value, and I don't think that reflects society's values," said the couple's attorney, Heidi Groff.
The Scheeles' case began in July 2003, when they drove from their home in Annapolis, Md., to Vermont to watch his aunt and uncle renew their wedding vows. They planned to leave the dogs in their truck during the service.
They got to the church early, so they let the dogs loose, a violation of the leash law in Northfield, which is 10 miles south of Montpelier.
The dogs wandered into Lewis Dustin's yard. Dustin, 74, who had been squirrel hunting that day, had a combination BB and pellet gun at the ready.
(Excerpt) Read more at newsday.com ...
My bestest friend is 2 years old today. I wouldn't sell him for a million dollars nor give a dime for another one just like him.
ping for future.
Personal opinion, while pets are not on the same level as humans, they can be parts of families.
I like my dog as well however I always remember it is a dog.
Does Pelosi have a dog???
pelosi is a dog
And the girl is nice also.
The three Pacificos are fine, but is that a Bud in her left hand?
I look at this the way I look at the Duke rape trial. Probably the lacrosse players didn't rape the stripper, so they are being dragged through this unnecessarily. However, none of the players is a particularly nice person, so I direct my sympathy elsewhere.
I'm sorry the dog owners lost their pet. They probably are taking this a little far after having slapped probation, restitution, and community service on the dog's killer. However, I don't feel bad for the shooter's continued involvement in this. Maybe next time he'll think twice before combining alcohol and gunfire. (Yes, I'm aware that the article does not mention alcohol. But, it's Vermont. Those two commodities are never far apart. It's how they get through winter.)
I'm a dog lover and hate hearing stories like this. However, the owner has no ground - "so they let the dogs loose, a violation of the leash law in Northfield"
IF you let your dogs loose, you are responsible for what happens - whether they are shot, or attack someone. The owner is clearly at fault.
If it happened to me, I could never forgive myself - but I wouldn't blame anyone else for my negligence.
Dog, cat, bird, reptile, pets are just pets. I say the damage in an unwarrented pet killing should be limited to the retail value of a replacement, plus a capped amount like $500 to $1000. The higher amount for a dog, less for a reptile as a bird, snake or lizard gives less feedback to the owner compared to a dog.
"You can't just go to a pet store and buy another animal."
Ummm, yes, you can. We did it when our dog died. It won't be the same, but you can replace the pet and start anew.
Carolyn
"Unable to have children, the Scheeles got two dogs instead."
I love my retriever dearly, but he's not interchangeable with my children. And FWIW, why do we seem to elevate nonhuman life while human life is being devalued?
I have a joint driveway with my neighbor. Sometimes, a visiting guest parks on my neighbor's side of the driveway. That car is now on my neighbor's property. Do you think the neighbor can now shoot either my visitor or his car? If not, distinguish between this and the dog.
The law says that dogs should be leashed. The punishment for this is probably prescribed in the law--a fine, I would imagine. The law does not declare open season on unleashed dogs. For the dog's killer to take refuge in this law is cowardly.
Now I'm confused! If the dog isn't a human then it can't technically be trespassing. Maybe the solution is just to teach all dogs to be able to read the signs.
They should have kept the dogs on a leash, especially since they were very far from home. I know my boys (dogs) have no sense of boundaries when we're out on the town.
I take my dogs with me when I travel. If they can't stay in the truck, then they come with me, but I love them too much to simply let them roam or run off, especially in a place they're not familiar with. I feel for their loss, but they should have had control of their animals.
Idiots. Shouldn't have let their dogs run loose. He should counter-sue for the emotional anguish of being forced to shoot at tresspassers due to fear for his life and safety. When unruly kids start rampaging when let loose, one nevers know what they're going to do.
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