Q: We have a neighbor who has serious issues and has been reported to the police by others. Recently, we discovered our dog was very ill. The vet determined it was poison and we believe the poison can be traced to our neighbor. Can criminal charges be brought?
P.H., Fountain Valley
A: California Penal Code Section 596 provides: Every person who, without the consent of the owner, willfully administers poison to any animal, the property of another or exposes any poisonous substance, with the intent that the same shall be taken or swallowed by any such animal, is guilty of a misdemeanor. The offense is punishable by up to six months in jail. Penal Code §597(a) also proscribes animal cruelty and makes it a crime to intentionally maim, mutilate, torture, wound or kill a living animal. Violation of §597(a) can result in three years in a state prison, a fine of up to $20,000 or both. Bottom line, gather your evidence, then sit down and talk things out with law enforcement.
Q: Our dog is a family member and we adore her. Some college kids played a prank that caused her a serious leg injury. The vet bills are not modest. My husband, kids and I see this and are very emotional about it. Can we sue for distress damages?
F.G., Mar Vista
A: Traditionally, dogs have been treated by the law as chattel, that is, personal property. You could recover the diminution in value of the “property,” but not the suffering you experience. That limitation now gradually seems to be changing. In divorce cases, for example, dogs are often dealt with as members of the family; custody and visitation issues come into play. And some cases over the past several years have approved emotional distress damages when a third party willfully harms your dog.
Q: Is pet insurance worth it?
F.L., Long Beach
A: Factors to consider: How much will it cost, what will be covered, what is the deductible (or deductibles) and will it prove reliable? Today, some employers include pet insurance as an employee benefit. In my experience, pet insurance has been useful. We had a dog who sadly had cancer more than once (requiring surgery more than once). As with any insurance, take time to understand the costs versus the risks benefit. I do think you will find many who are glad they have pet insurance.
Ron Sokol has been a practicing attorney for over 35 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
