Can I sue a pet cremation company?Personal injury cases are not solely based on physical harm. Emotional trauma can be just as devastating and carry just as much weight as a physical injury. Have you suffered psychological trauma from a pet cremation incident? You may be able to sue the pet cremation company for personal injury if the business has caused you pain and suffering. California allows people to sue and seek recovery of compensatory and punitive damages for negligent infliction of emotional distress.
Learn more about your options for compensation by calling (213) 389-3765.Forms of possible emotional distress caused by negligence are suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, and shame. You are a direct victim of negligent infliction of emotional distress if both the defendant was negligent and as a result of the defendant’s negligence you suffered emotional distress. If a pet cremation company has taken an action that has directly related to you and you suffered emotional distress, then you are a direct victim. There are also instances when you may not be a direct victim as a someone witnessing an injury to a close relative. If you have suffered from the malpractice of a pet cremation company, you need to contact our office in order to speak with a pet cremation attorney.
Example of a pet cremation lawsuitA Southern California resident, Hilarie Levy, has recently sued Only Cremations for Pets in an effort to the dismantle the lack of regulations surrounding pet cremation. Levy had gone to Only Cremations for Pets in 2016 to cremate her dog, Winnie. Less than a year later she returned to have her other dog, Wesley cremated as well. When she went to pick up the ashes, Levy immediately noticed how much heavier Wesley’s ashes were compared to Winnie’s, despite Winnie weighing over twice as much as Wesley when they were alive. Only Cremations for Pets could not offer a substantial reason for the weight difference. Levy acknowledges that similar cases came up with human cremations that were followed by legislation. Levy hopes to increase oversight of animal cremation. Through her lawsuit, she hopes to make Veterinary Medical Board responsible for animal cremation oversight in California and for greater surveillance in animal cremation facilities. Levy has suffered a great amount of emotional distress especially because Wesley belonged to her daughter, Robyn, who passed away from cancer. She had promised Robyn that she would bury Wesley next to Robyn, but now it is impossible for her to do so since she not know if she has Wesley’s ashes. Levy claims that she will never be able to get over the devastating emotional trauma Only Cremations for Pets has brought upon her. However, she hopes her lawsuit will bring peace of mind to future pet owners looking to preserve the greatness of their pets through cremation.
How do I prove negligence in a pet cremation lawsuit?Pet cremation companies have a legal obligation and duty to provide their services in an accurate and professional manner. This is called a duty of care. California Supreme Court has ruled that everyone is legally obligated to prevent foreseeable harm to others when it is reasonable to do so. California Civil Code section 17149(a) determines that you need specifically need to have a state or federally regulated duty to do something, but that everyone is responsible for an injury sustained by someone else on their property or in their care. For a successful pet cremation lawsuit, a talented lawyer will be able to prove:
- There was foreseeable harm to the plaintiff
- The plaintiff suffered injury
- There is a connection between the defendant’s conduct and the plaintiff’s injury
- A moral blame attached to the defendant’s actions
- A burden to the defendant