What is a sentimental value of a pet? A judicial approach

By MARIA NIKIAS

Jan. 11, 2013

A case that may reflect a pet owner's worst nightmare has made its way to the Texas Supreme Court, which must decide if a family can place sentimental value on a pet that was accidentally euthanized.

Approximately three years ago, Jeremy and Kathryn Medlen's family dog, Avery, escaped from their yard during a thunderstorm.

Days later, the Medlens were happy to hear Fort Worth Animal Control had found their beloved pet and they could come by to pick him up.

"When Jeremy and his two small children went to go pick up Avery, they were told they accidentally killed him the day before," said Medlen's attorney, Randy Turner.

Fort Worth Animal Control had labeled Avery's cage "hold for owner," meaning don't euthanize, Turner said. But a worker at the facility apparently euthanized Avery anyway.

"She went through and picked the dogs that needed to be euthanized and accidentally picked Avery," said Turner.

It was then the family decided to hire Turner, who took the case free of charge, to sue the worker, Carla Strickland, for negligence and accidentally euthanizing Avery.

The Medlens, Turner said, "wanted to know if there's anything they could [do to] stop this from happening to anyone else."

In 1963, Texas adopted a "sentimental value rule," which provided that if property is wrongfully destroyed and that property had no market value, then the parties involved could sue.

"Problem is, they never applied sentimental value to dogs," said Turner. "You can sue and recover the sentimental value of a photograph, but not the dog itself."

Originally, the case was dismissed after a judge ruled the Medlens could not recover damages for companionship with their dog. However, an appeals court ruled in favor of the Medlens and the case went to the Texas Supreme Court.

Carla Strickland's attorney, John Cayce, said his client feels terrible about the situation.

"Ms. Strickland, from day one, has been devastated by the unfortunate accident that occurred that led to Avery's death," Cayce said.

However, he added, assigning sentimental value to pets would have broad implications.

"This case really goes beyond the dispute between Strickland and the Medlens," said Cayce. "It would have an adverse impact on just the average citizen in the state that might accidentally run over a dog on the way to work. With that kind of liability, the insurance rates would go up."

Furthermore, Cayce said, "They have proved that the emotional sentimental value of a pet could be as high as the national debt."

Turner said that the Medlens are not looking for money, but rather, "We're simply asking the court to recognize the value society places on animals, now."

The court will rule on the case sometime in the next nine months, according to both attorneys.

How to have a balanced dog: Cesar Millan's workshops

Achieving Balance and Fulfillment through Leadership

Cesar Millan and his team of trainers, 

Cheri Lucas and Brian Agnew 

organized workshops 

February 7-11 , February 21-25,2013 

for dog-owners and beginning trainers.

Never before has there been a dog psychology course this comprehensive, this hands-on. Among the many course topics, you will learn the subtle yet powerful physical and psychological language of canines. You will learn how to address problem behaviors, how to achieve calm submission, and how to communicate these skills to your clients. You will leave this course not only being a better pack leader, but a better trainer.

http://www.trainingcesarsway.com/application.php?utm_source=CMISocial&utm_medium=FBTWGP&utm_campaign=TCWaySignUp

A simple guide for a long healthy life of your dog

Keep Your Pet Healthier For Longer

By Nathalie Martin

Having a pet dog can be a rewarding and loving addition to your family, as a puppy they bring fun and games for kids and great companions to grow up alongside. Anyone with a dog will tell you how much they mean to them and their family. There's no better way of saying it, they really are man's best friend. There is a problem though with having a dog, they can't be around forever. There is nothing more painful to a family unit than losing a pet. Keeping your dog as healthy as possible is the key in prolonging your furry family friend. Dogs don't need much exercise, they can look after themselves most of the time, they just need a little bit of help.

The easiest way of keeping your family dog as healthy as possible is to give it a strict diet. If you have a dog then you'll already know, they will eat anything, berry's, leaves, grass, sausages, paper, plastic, whatever they can get their hands on, it's all food to them. Make sure they your dog isn't sneaking food while you're not looking, leaving plates at the edge of the table or work surface is not a good idea. If your dog is big enough and really wants to nibble on your leftover chicken bones whilst you're not looking, then there's not much you can do to stop him. Feed your dog regularly in the morning and at night at set times. Make your dog work for his dinner, you can turn this into a game by making him or her fetch their bowl or by performing a trick to receive their dinner. Feed your dog high quality dog food, be sure that it contains all the vitamins and minerals your dog needs to stay healthy.

You can still treat you dog; just change the treats you're giving them. For example, rather than fatty sugary treats that don't do them any good change your usual treats something a little healthier. There a huge range of healthy snacks available online to suit your dogs needs. For example, if your dog is getting on a little and is having trouble with his joints or has been diagnosed with arthritis then you could choose a snack such as EaseFlex, which contains MSM and antioxidants to help ease joint pain.

Regular walks are also important to keep your dog healthy, without these your dog can have a lot of stored up energy. This stored up energy will most likely be taken out on your carpets, doors, skirting boards, couches, favorite pair of shoes etc. They're not being naughty, they just want some attention. You should take your dog on a long walk at least once a day, this keeps you and your dog healthy and makes for great bonding time to get to know you furry friend again.

Keeping your dog healthy is the key to prolonging their life and looking after your family pet. Neglect is one of the biggest killers in family pets across the U.K. Just because they're not puppies anymore doesn't mean they don't need any less attention or love. Maybe they're not as active anymore, but that doesn't mean you can forget about them. A gentle walk, a good healthy dinner and a cuddling session on the couch will do them the world of good.

Hi I'm Nathalie and I write on a variety of subjects so stay tuned and I hope you enjoy what you read! Follow me on Twitter if you dare!

Article Source: http://EzineArticles.com/?expert=Nathalie_Martin

7 Key Questions to answer if you think to have a dog

 Brief guidelines.

   If you think to have a dog – sit quietly for some time, take a sheet of paper and write down these simple questions, try to answer them honestly and put “yes” or “no” for each of them.

1.       Are you aware that having a dog is very time- money-consuming, and what is more important – energy consuming?

2.       Does your family support your intention to have a dog? Will all members of your family like the dog or at least be neutral to him or her?

3.       Will the dog be acceptable to your neighbors?

4.        Are you ready to respect dog’s nature in your dog?

5.       Will you have enough time to pay attention to the dog, to play, walk and teach (and train) him/her?

6.       Are you ready to take care of your dog constantly (not from time to time), particularly when he/she is ill or getting old?

7.       Are you aware that a dog is an individuality and you’ll need to find optimum ways to communicate and to find mutual understanding with your dog?

If all answers are “yes” it means that it is time to start thinking about having a dog J)

Please, add more questions.

Cute Dogs (Americas Funniest Home Videos / AFV)

Herder - a defense training

      Our herder Gina is a highly diligent and laborious student. Here is a video of training of two very complicated and important elements in defense: proper biting and freeing of the object (or a decoy) just after the command. That day Gina was excellent !

A ball - an effective instrument in dog's training

      Heeling without leash is one of the basic skills of obedience and one of key exercises in dog’s ringsport.  The most difficult element in developing of this skill is to teach the dog to focus the attention on the handler without diverting it to any sounds, noise, movements or objects. A training with a ball can be rather effective. At the beginning the dog constantly sees the ball in handler’s hand. The ball is a desirable toy for the dog, it attracts the dog’s attention and helps to fix it on handlers’ hands.  The second stage of the exercise: to teach the dog to continue walking with the handler without seeing the ball. And the third stage: when the ball is suddenly thrown aside - the dog is taught to continue heeling in spite of  a strong desire to rush after the toy. As all exercises it’s better to finish it by playing with the dog.

      This kind of training is of great practical importance, particularly for dogs in cities.