Legal Question in Personal Injury in California

Property damage-basis for computation

What is the basis for computing damage or injury to a horse caused by a veterinarian's malpractice? Is is replacement cost, diminution of value, or some other

barometer? In addition, does California law recognize some form of emotional trauma recovery for

damage to one's horse or dog?


Asked on 8/10/00, 12:52 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Property damage-basis for computation

No emotional damages. if it is a total loss then replacement or market value, otherwise diminution of value.

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Answered on 8/14/00, 1:52 am
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Property damage-basis for computation

Thank you for posting your situation to my website.

In California, animals are considered personal property. The basis for computing damages to a sick, injured or deceased animal involves a number of criteria and can be a gray area. Likewise, there is some precedent for recovering emotional distress damages concerning an animal but this is also in a state of flux.

I suggest that you contact attorney Michael Rotsten in Encino, California at area code (818) 789-0256. Mr. Rotsten specializes in animal law and could give you more specific information.

If you call Mr. Rotsten, please tell him that I referred you to him.

Good luck with your horse.

Sincerely,

SAM M. EAGLE

ATTORNEY AT LAW

10101 SLATER AVE. #218

FOUNTAIN VALLEY, CA 92708

TELEPHONE: (714) 963-5123

FACSIMILE: (714) 964-9993

EMAIL: [email protected]

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Answered on 8/16/00, 9:28 pm


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