Measure Of Damages Decided In Two Pet Cases.

In the first case, two dogs were barking at each other through a fence. One of the neighbors shot and wounded the other neighbor’s dog. A veterinarian had to amputate the wounded dog’s leg. In the second case, a vet nicked and cut a dog’s intestine during liver surgery, and then left a sponge inside the dog, resulting in internal injuries. The appellate court posed the question:  “What is the measure of damages for the wrongful injury of a pet?” and answered:  “We hold that a pet owner is not limited to the market value of the pet and may recover the reasonable and necessary costs incurred for the treatment and care of the pet attributable to the injury.” Martinez v. Robledo and Workman v. Klause (Cal. App. Second Dist., Div. 2; October 23, 2012) 210 Cal.App.4th 384.