The things you would do for your fluff baby. The lengths you would go to to make that little creature happy, comfortable, and well-fed. We all love our pets. They provide us with emotional support, cuddles and licks, hours of playtime, and a sense of responsibility. But what happens when tragedy strikes, and your little guy is no more? We all hate to think about life post pet, but the truth is, it’s inevitable. How can we honor their great legacy and all the joy that they have brought to us day in and day out? A proper cremation could do the trick. The last thing any loving pet owner wants is a cremation to go awry. If you have been mistreated by a pet cremation company, then you may want to seek help from one of Downtown LA Law Group’s pet cremation attorneys
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 (888) 649-7166.
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 lawsuit
A 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
If it can be proved that the pet crematory owed a duty of care, then all that’s left is determining if emotional distress is a proper response to the incident. The best way to see if this is true is to ask yourself if a reasonable person, in a similar situation, would be able to cope with the mental stress placed on them by the injury. The lawyers at Downtown LA Law Group
are qualified to make strong emotional distress cases
and they will work their hardest to gain you the most compensation possible.
Free Consultation and Zero Fee Guarantee
Since mental anguish may be harder to prove in court, finding a competent, skilled attorney to represent you should be on the top of your list. Look no further than our pet cremation attorneys. Our lawyers understand the significance of a pet. As humans, we tend to build strong bonds with our pets that outlast other friendships. Having to deal with a pet cremation mix up, being lied to by a pet crematory, and dealing with the lasting effects of never really knowing if you have the ashes of your beloved companion is a pet owner’s nightmare. Our attorneys empathize with you and want to help in any way they can. Give our office a call at (888) 649-7166
to schedule your free consultation
. A pet cremation attorney will sit down with you and go over all the evidence and facts to build up a strong case against a pet crematory. Our firm also offers a zero fee guarantee
where we will take on your case free of charge and will only ask for a small fee if your case is won. This is your chance to get redemption for the furry friend that was once in your life.