Pets and Livestock

As wildfires spread across California, you may lose a lot - your home, vehicles, rental property, and businesses. One thing that often isn’t considered are your animals that are affected by the fires. You may lose your pets or the livestock thousands of farmers in California depend on to make a living.

Pets and Livestock

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Pets and Livestock

Keep in mind these fires are generally caused by the negligence of someone else, such as a power company. You can hold them responsible for their actions by having them pay vet bills, treatment, or even replacement value of your lost animals.

Many Californians think of their pets as a member of their family, but California law views them as personal property. As such, you can recover damages, especially in the case of livestock.

When your pet or livestock is injured due to a wildfire, the first thing you should do is make sure they get medical treatment for their injuries. Anyone responsible for the burn injuries and/or smoke inhalation that injured your animals is going to have to pay the vet bills for their treatment.

When it comes to litigating vet bills for pets or livestock, there are specific things that come into play. Items such as how badly the animal is injured, the age of the animal, and the species. Vet bills for older animals are going to be higher, so a judge in California may limit the amount of compensation for that animal.

If your pet or livestock has been injured due to a fire and they’ve been hospitalized as a result of their injuries, you should keep a record of all vet bills for documentation. Also document the time you’ve missed work to care for your animals, as there is the potential to recoup your lost wages.

WHAT IS MY PET OR LIVESTOCK WORTH?

In California, there are three different ways the court can measure the economic value of your pet. They are:

Fair Market Value:

If you pet or livestock was going to be sold at market today, how much is it worth? That’s what a judge in California is going to ask when making their decision on how much compensation to award you. In determining market value, the court will look at the original purchase price, the original health of the animal, the age of the animal, and the breed and/or pedigree.

Replacement Cost:

In the case of show dogs or prize- winning livestock, as well as the household pet, you may be able to receive the replacement cost of your animals. Most often, the price is higher than market value because it takes training, accomplishments, and certifications in to account.

Special Economic Value:

In some cases, your pet’s or livestock’s economic value may be hard to determine. This is especially true in cases involving a service or working animal, the services that animal provided, and their effectiveness. “Stud fees” can be applied to assist in the replacement of animals who have been determined to be one of a kind, and have skills that can’t be replaced on the open market.

In Some Cases:

The California judge may also require a defendant to pay for the assistance a person needs because their service animal did it for them while it was alive.

In the case of livestock where breeding was a key function on the farm, a judge may potentially replace the lost income and earning power from the offspring of the lost livestock.

COMPANIONSHIP AND EMOTIONAL DISTRESS

For most Californian pet owners, the companionship their pet provided is the most valuable asset the animal provided. It can be difficult for a California court to measure the economic value of that companionship, but there are cases where judges have awarded damages based upon the loss of companionship.

In some cases as a California pet owner, you may try to exceed the fair market value of what your pet is worth when filing a lawsuit against the defendant because of the mental and emotional stress of watching their pet die a slow death in a fire. While these types of damages are not common in California, they have been won in other states. You would have to sue on the grounds that the defendant acted maliciously in the act of killing or injuring your pet.

LIVESTOCK AS WAGES AND INCOME

Other than Texas, California has the largest population of livestock in the country. California also has the country’s most profitable dairy farming market. This means that your dairy cows may be among some of California’s most prized possessions in terms of the economy.

Cows can either be injured or killed in California wildfires, and the farmers who own these cows can sue for the replacement value, but also the lost income and future earnings their cows would have provided.

dairy-cows-lost-during-california-wildfire

You Need an Experienced Attorney if You've Lost a Pet or Livestock During a Wildfire

CALL ATTORNEY RYAN SARGENT TODAY

Whether your pet or prized livestock were injured or killed in a California wildfire, don’t let their deaths go unaccounted for. The experienced legal team at Sargent Law Firm has advocated for the victims of the California wildfires, and they can advocate for you too. Ryan Sargent and his team of attorneys can make sure your pet and livestock get the treatment they deserved and the compensation you deserve. Your consultation is free and there is no obligation.

Free Case Review

All of our initial consultations are 100% FREE & Confidential. Fill out this form to request a FREE Consultation.

By submitting this form, you consent to being contacted by The Wildfire Lawyers via phone, text, or email. 888.501.6083