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ARTICLE · 04 APRIL 2007

Contaminated Pet Food: What’s The Damage?

Secrest Wardle Lynch Hampton Truex & Morley
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Reports of contaminated pet food have been filling the news in recent weeks. The question on everyone’s mind is "What are the damages?" In Michigan, the answer is "Not much."

United StatesConsumer Protection
Mark Masters
Mark Masters

Reports of contaminated pet food have been filling the news in recent weeks. The question on everyone’s mind is "What are the damages?" In Michigan, the answer is "Not much."

While pet owners may unconditionally love their cats and dogs, the monetary legal value of these furry family members is negligible. Pets have long been considered personal property in Michigan. Ten Hopen v Walker, 96 Mich. 236, 239 (1893). While some would have you believe otherwise, animals are not human beings. The compensable damage to the family dog is measured the same as if the damage was to the family car. Namely, what was the fair market value of the animal before the injury (or death) related to the contaminated food, and what is the value afterwards? That difference is the amount of Plaintiff’s damages, plus any veterinarian bills or the like related to the sickness and a refund for the price of the contaminated food.

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