Pets’ Deaths Due To Contamination Considered “Property Damage”
Menu Foods, the maker of most of the contaminated pet foods that sparked a huge recall back in March, finally posted claims information on its Web site this week. As you may recall, more than 100 pet foods were found to be contaminated with melamine, a chemical used in fertilizers and plastics, which caused kidney failure in the pets that ate it. Menu Foods' "general information" sheet suggests that many pet owners would rather settle their claims directly with the company rather than participating in one of the many class actions now springing up around the country. But as this news report from a Cincinnati TV station suggests, settling directly with them comes with lots of strings attached (including waiving your right to sue them later). It only makes sense -- Menu Foods is trying to limit its liability for this huge and therefore potentially very expensive disaster. But if we were advising friends considering participating in this settlement, we wouldn't hesitate to suggest that they hire an attorney instead and consider a product liability lawsuit. Lawyers can not only recover more damages than the settlement probably offers, but if everything goes right, they may also be able to correct a gap in the law on pets, allowing them to recover emotional damages as well.
Pet owners affected by the contaminated pet food were probably surprised to discover that the deaths and illnesses of their babies are legally considered "property damage," rather than wrongful deaths. That might mean the plaintiffs in the lawsuits already filed won't be able to claim damages for their emotional loss, though they will be able to claim financial damages, such as vet bills and burial costs. But in this article from the Philadelphia Inquirer, it's suggested that these cases might set a new precedent that brings the legal world in line with the well-acknowledged reality that people love their pets. The article is a few weeks old, but it's a good armchair analysis of the pet food lawsuits' chance at success and what some of the implications of that success could be. It may all come down simply to whether the judges who hear these suits are sympathetic to the idea that pets have emotional value. We hope they are.
