Chapter 5
DOG … GONE
(Send Rover Right Over)
The billboards appeared suddenly, and they could be seen everywhere in Charleston, West Virginia. A beautiful golden retriever had gone missing. Not just any dog, this beauty was one of two goldens the family cherished. The dog’s parents were a West Virginia Supreme Court Justice and one of the most prominent trial attorneys in the eastern United States. Bronze sculptured images of Tad, the missing dog, and his brother made up a gigantic fountain in the middle of the circular driveway in front of the family’s West Virginia mansion. Live-in staff helped tend to the dogs, but the family members were the main caretakers and loved the dogs immensely.
I had been a guest at the house for a friend’s wedding reception in my pre-dog days. I was astounded by the splendor of the house, but I was blown away by the dogs’ quarters. The dogs had a separate entrance to their luxury spa/kennel/playroom. They entered their suite by walking over a series of grates. First their feet were sprayed with warm water, then they were blown dry before entering the house. Inside the spa were raised bathtubs with massage sprayers, every toy and agility contraption imaginable, and what appeared to be their own private kitchen. Why any dog would run away from such an amazing home was unimaginable.
In spite of all this, Tad seemed to just vanish into thin air. Tad had not been feeling well the night of his disappearance and had vomited in the house. His mom let him out the back door to get some air. She returned in ten minutes, but Tad was gone. An immediate search for Tad began, but there was no response. His dad neglected his law practice and trekked miles over the hilly, wooded subdivision where the family home was located. He biked and hiked for days, getting little sleep as he tried to find his beloved dog. If Tad had wandered away and fallen down because he was sick, he would have been found, but there wasn’t the slightest sign that he had passed through the brush or foliage. None of the neighbors had seen him.
A large reward was immediately offered. There was no response. The billboards went up within the first week, and local media were obsessed with the story. Reporters climbed the hillsides following Tad sightings. Entire talk radio shows were devoted to the missing dog, and search parties were organized and combed Kanawha County for weeks. Missing Tad posters were everywhere: on vehicles, on poles, on bulletin boards. If ever a dog should have been located, it would have been this missing golden.
At first they thought someone might have stolen the dog and was quite possibly holding him for ransom. The family is perhaps one of the most well-known families in the state. The construction of their house had been news throughout the state, and the big cases the law firm won were always front-page news. Success like this more than likely had ruffled some feathers. Yet there was never a demand for a ransom or any viable leads. There was no end to the speculation of where Tad was and what had happened to him. Not even the elaborate security cameras at the property provided the slightest clue.
Dogs go missing in only two ways: either they are stolen or they get lost. It depends on the source as to how many dogs get lost in the United States each year, and surprisingly there have been no valid surveys to document any of these numbers. They vary wildly, ranging from the American Humane Association’s number of ten million pets gone missing each year, to a standard often used in advertising pet finder services that one in three dogs will go missing, to a microchip company’s estimate of two thousand five hundred dogs a week, or one hundred and thirty thousand a year. These numbers become quite insignificant when your dog is the one missing.
The numbers are a little more solid for stolen dogs, because stolen dogs are usually reported to the police. Petfinder.com reports that two million dogs are stolen a year. Tad’s parents were both lawyers, yet there was nothing the law could do to assist in finding him or any other dog that somehow gets lost, because getting lost is not a crime, just as there’s no crime committed if you lose your wallet.
In the case of stolen dogs, the good news is that in most jurisdictions in the Unites States they are still considered property. It becomes a crime when a person decides to keep the dog when the owner is known, the same as if someone finds your wallet and helps himself or herself to the cash. Theft of personal property is a crime. Stealing a dog is a crime in all fifty states.
As pet parents we have two responsibilities when it comes to lost or stolen dogs:
1. Make sure we take every precaution so our own dog doesn’t get lost or end up in a situation where it could be stolen.
2. Pay attention and assist in the return of any dog that appears lost and alert authorities if we witness the theft of a dog.
If your dog has ever been missing, even for as little as five minutes, you know the heart-pounding, shortness of breath, absolute panic the thought of her not returning brings on. I’m accused of being an overprotective dog mom, and I readily admit it. However, I’d rather micromanage my dog and her safety than end up a statistic. I’m neurotic about keeping Sadie safe on a leash. My job as Sadie’s protector is knowing where she is at all times, and that means never allowing her out of my sight off the leash unless she is in our fenced yard. I don’t even allow her off the leash in other people’s fenced yards, because I have no idea how solid the fence is or what type of lapses there might be in the fence. I check our fence weekly, making a game of it by rolling a tennis ball along the fence for Sadie to go after. It’s the only way I have peace of mind letting Sadie out into the yard alone for any length of time. Even with all this, I’ve experienced two severe episodes of panic when I thought Sadie had disappeared.
These are the basic tools that will help ensure your dog never gets lost or stolen.
1. Make sure your dog has a collar with an ID tag, and that she is on a leash at all times when outside of your home.
2. Have a good fence for your yard with locking gates and keep them locked. A barrier fence is better than an electronic fence. Electronic fences do nothing to keep your dog from being stolen.
3. Never leave your dog alone in a car or tethered outside a store no matter how briefly you’ll be gone.
4. Never leave your dog in the yard alone for a long time or at home alone overnight.
5. Microchip your dog.
6. Don’t trust a boarding kennel that you have no references for.
7. Don’t leave your dog alone in a hotel room.
8. Don’t keep your dog outside in a doghouse.
9. Have a house alarm.
10. Hire only dog sitters who have excellent references and are bonded.
Let’s start with a simple leash and collar. You would think that every person with a dog would have a leash and collar for it, but you’d be wrong. It is a law in every jurisdiction that your dog have a license that is evidenced by a dog tag, as well as a rabies tag as proof that your dog’s rabies vaccine is current. Furthermore, it’s mandated that the tags be visible on your dog when in public. There’s no other way for you to comply with these laws than to attach the tags to a collar around your dog’s neck.
I’m always surprised at the number of dogs I see out and about with their pet parents without a leash or collar or without any tags attached to the collar. This is too great a risk to take with your dog and subjects you to a fine and in some areas confiscation of your dog. Make sure the collar fits correctly and has a secure clasp. For the safety of your dog, you must also have identification tags with your telephone number and your dog’s name. Even though your dog can be traced through the rabies tag and the dog license, this won’t help if the town office or veterinarian office is closed when your dog is located and could delay your dog’s return home.
Make sure the collar and leash are in good condition and check them periodically. The clasps on leashes and collars wear out and sometimes stretch. Before starting out on a walk with your dog, give the collar and leash an inspection to make sure that should your dog become frightened and lunge, the leash and collar will hold her. To ensure I do this regularly, on the day I give Sadie her flea and heart medication each month, I also check her leashes and collars. All of her collars have tags engraved with my name, my phone number, and her microchip ID number. That microchip ID number is registered, so I’ll have a better chance of getting her back should she get lost or stolen.
Most state statutes that make it a crime to keep a lost dog specify that the finder had access to some form of identification of the dog’s owner, specifically information on a collar tag, a tattoo, or information written on the inside of the collar. No states require that a finder have a found dog scanned for a microchip.
These everyday precautions should be second nature to all pet parents. If your dog gets away from you and is lost, it will be some comfort knowing that at a minimum it has a tag on its collar.
Sadie also has a tag on her collar saying she has a microchip and what that number is. A microchip is about the size of a grain of rice and contains a unique identifying number that matches your dog to you. There’s a lot of misconception and misunderstanding about microchips. I’m not a vet or a scientist, but as an overprotective dog mom I don’t do anything that might harm my dog. I researched microchipping and decided it was safe and essential for my dog.
A microchip is not a radio receiver and has no connection to a locater satellite, nor does it function as a GPS. You can’t track your dog through any computer program or Internet service by entering the microchip number to find her location. Shelters, veterinary offices, and most police departments have scanners and can scan the dog and contact the company where the chip is registered. The chip must be registered in order for your information to be accessed by a scan.
None of your personal information is stored in the actual microchip. Each chip has a unique ten-to fifteen-digit number that’s associated with your contact information should your pet be lost. The microchip is worthless unless you have it registered. The American Kennel Club has a program called Companion Animal Recovery (CAR). You can pay for the registration when you buy the chip, and there is never an annual fee. CAR also provides a metal tag engraved with the microchip number for your dog’s collar. This alerts the finder that they can call CAR with the registration number and locate the owner. A simple Internet search will give you a number of options for purchasing and registration of your microchip.
The majority of dogs are returned due to a collar with a clearly readable tag stating your name, telephone number, and the microchip number of your dog. Of course, this is not totally reliable, as collars come loose and fall off in any number of ways. They are also discarded by unscrupulous finders of pets who unlawfully keep the dog or sell it. Over time the information on tags fades or is worn off. Anyone finding a dog with a collar and a tag with clear information will be able to call you and facilitate the return of your dog, but should that fail a microchip is a permanent source of information confirming the ownership of your dog.
Dogs are stolen for almost as many reasons as anything else is stolen. Purebred dogs are stolen because they have monetary value and can be sold. Many people are willing to pay what they consider a substantial discount for a certain purebred dog and will ask no questions. Some purebred dogs are stolen and sold to puppy mills for breeding. Getting your dog spayed or neutered is not only a responsible pet parent duty, but it also might deter a thief from stealing your dog.
Certain breeds of dogs, such as pit bulls, are stolen and placed in fighting rings or used for breeding. Other run-of-the-mill mixed-breed dogs are stolen to sell to labs or fighting rings to use as bait dogs. Unfortunately, some dogs are stolen by abusers for the sole purpose of causing harm to the dog. Animal hoarders often steal dogs, and many missing dogs have been recovered when rescued from a large hoard.
Since dogs are considered property, and property laws are set individually by states, it’s essential to know the laws in your particular state regarding lost or stolen pets. You should also do a quick search of the laws in a state where you’ll be taking your dog for vacation in the unthinkable event she becomes lost or stolen while there.
Following is a list of some of the legal issues that arise when a dog goes missing.
• Does ownership of the pet transfer to the rescuer if they find it running at large and take care of it for a long period of time before the owner discovers it?
• Does the original owner have any right to damages when a private party or government agency seizes their dog, spays or neuters it, euthanizes it, or harms it?
• Does an innocent third party have any rights if they are a good-faith purchaser of a lost or stolen dog?
• Does a rescuer have a right for reimbursement for any medical treatment or other expenses incurred for the dog they assisted?
As with anything in the law, there are diverse answers to these questions based on many factors specific to the individual situation. All you need to do is watch a few episodes of Judge Judy to see that these and dozens of other issues you’d never think of can arise when your dog goes missing. You should become familiar with laws and ordinances where you live and what could happen if your dog is lost or stolen. Becoming aware of these things will help you create a plan if your dog is ever missing. Your county or city website will have a section listing the animal ordinances. Print them out and learn them. Your home state web page has a listing of your state code. Another great resource is the International Institute for Animal Law website (www.animallaw.com). It’s easy to search by topic and by state, and the site has laws as well as current cases and legislation. All pet parents should have the phone numbers for animal control and/or the police or sheriff department near your home phone and programmed into your cell phone.
If you suspect your dog has been stolen, the first thing you should do is call the police. If you witness someone taking your dog from your yard, make sure you get every detail possible about the incident, including a description of the person; the make, color, and model of the car; and the license plate if possible. Treat the theft of your dog like the taking of any other personal property, only with more urgency.
Insist that the police department send an officer to take an official report and gather any evidence. Provide the officer with a photo of your dog and the microchip number.
It’s not “finders keepers” when it comes to dogs in almost every jurisdiction. Think about it: If you “find” a bicycle that’s not locked up, can you keep it? Of course not, and you can apply any common law or common sense concerning property without a heartbeat to dogs. One of the recurring cases on Judge Judy is when someone keeps a dog that doesn’t belong to them and is subsequently discovered by the owner. What you do with a dog you find will depend on your own values and compassion; however, many states require that at a minimum you do all or some of the following:
• Call the owners if their name and phone number are on the tag.
• Ask people in the area where you found the dog if they know who owns the dog.
• If there is a dog license on the collar, call animal control or your county office that handles dog licenses to get the name of the owner.
• If you have no idea what your state law is, call the police department and ask to speak to an animal control officer about what you are required to do.
If you turn the dog in to the shelter, hopefully the owner will contact them before the holding period is up and the dog will be returned to the owner. However, the risk exists that they will not and the dog will get adopted by someone else or be euthanized. Owners only have a legal cause of action in such cases if they can prove the shelter broke the law in some way. For example, they let the dog be either adopted or euthanized before the holding period was up. In either of these situations, the owner would have a case against the shelter for civil damages, which at best in most jurisdictions would be limited to the “market value” of the dog. Do not assume this will be the case, though, and take the shelter to court with a competent attorney. Your dog is priceless, and while the court may not have a history of awarding emotional or punitive damages (monetary amount meant to punish the defendant), there is always a chance that your case could be the first.
If you do find a lost dog, taking a dog into your home and caring for it while simultaneously doing the above actions might be the best option. This, of course, has its own risks. What if you never find the owner? What if you get attached to the dog after a long period of time and then the owner appears? What about the harm to the dog if it becomes emotionally attached to you and its new life and has to be returned? I found a lost dog this past summer just roaming around my subdivision. I emailed everyone in the subdivision and put him on the Facebook page for lost West Virginia pets and my own page. After a day I took him to the shelter and asked them to call me if he wasn’t claimed and would be in danger of being euthanized.
I couldn’t wait to hear, so in a few days I called and was happy to hear that he’d been claimed. Someone who knew the family saw his picture and read on the Facebook page that I’d taken him to the shelter. I went to see the family, gave them some treats for the dog, and talked to them about getting him neutered and making sure he didn’t get out again. One of the young girls whose dog he was just hugged me and told me how she’d cried and couldn’t sleep. This is one lost dog story that had a happy ending. However, a Texas family had quite a different experience when their lost dog was turned in to the shelter.
In 2009, Jeremy and Kathryn Medlen’s mixed-breed dog, Avery, escaped from their fenced-in backyard and was picked up by animal control. When the Medlens located the dog at a Fort Worth animal shelter they didn’t have the eighty dollars required to claim her. A “hold for owner” ticket was placed on Avery’s cage, and the Medlens left to secure the money. When Jeremy Medlen returned with his children and the money two days later, despite the hold, they were told Avery had been euthanized. The Medlens filed suit not for the money, but to change Texas law, which allows damage awards for sentimental value of personal property, but not for “live” property, such as dogs. Their suit in the Tarrant County District Court was dismissed, but the second court of appeals in Fort Worth overturned the dismissal and ruled in favor of the Medlens. For a brief time the citizens of Texas and the Medlens were hopeful the common law would be changed. Unfortunately, the case was appealed to the Texas Supreme Court and the decision handed down on April 5, 2013, was in favor of the animal shelter. The court held:
Under Texas common law, the human-animal bond, while undeniable, is uncompensable, no matter how it is conceived in litigation—as a measure of property damages (including “intrinsic value” or “special value … derived from the attachment that an owner feels for his pet”), as a personal-injury claim for loss of companionship or emotional distress, or any other theory. The packaging or labeling matters not: Recovery rooted in a pet owner’s feelings is prohibited. We understand that limiting recovery to market (or actual) value seems incommensurate with the emotional harm suffered, but pet-death actions compensating for such harm, while they can certainly be legislated, are not something Texas common law should enshrine.
We reverse the court of appeals’ judgment and render judgment in favor of Strickland.10
In the end, the Medlens had no remedy for the loss of their dog and were left asking, “Why?” along with thousands of other Texans. Unless you live in one of the few states that have actually ruled in favor of noneconomic damage recovery, this is what you can expect if you sue for damages for the death of or harm to your dog.
Emotional damages for dogs are decided on a state-by-state basis, and the result is inconsistent at best and widely variant. The law is changing as our pets are recognized widely by society as family members. It most often depends on the facts of each individual case, a judge or jury that is willing to consider awarding emotional damages, and the law that the case is brought to court under. In asking for damages for the death of a pet, damages are more often awarded when the cause of death has been intentional and shocking.
A California appeals court decided that emotional distress was a valid claim even when the dog is cruelly and intentionally injured and survives.
In this case, the court found that California law does allow a pet parent to recover for mental suffering and noneconomic damages when a pet is intentionally and cruelly injured. In Plotnick v. Meihaus,11 the plaintiffs were awarded $445,899.53 after their neighbor and his two sons injured their dog’s leg in the midst of a property dispute. The Plotniks discovered an area of their fence that had been destroyed by their neighbor. While investigating it, their dog escaped under the fence to the Meihaus property and suffered a severe leg injury at the hands of Mr. Meihaus and his two minor sons. The court also awarded attorney’s fees to the couple in the amount of $93,780, for a total of, as stated, $445,899.53. Interestingly enough, this amount was the reduced amount of damages after an appeal.
A January 2016 Michigan case interpreted an existing law in favor of the owners of a dog. In this case the defendant, Ronald Hughes, a Michigan Department of Corrections Absconder Recovery Unit investigator, shot the owner’s dog after entering her house by mistake to execute a fugitive warrant. In Moreno v. Hughes,12 the plaintiff brought suit under a section of the Michigan law that defined damages available in lawsuits for loss of property. She asked for what the law calls “noneconomic” damages. That is, damages that are not tangible and have a certain value. In this case, she asked to be compensated for the pain and suffering she experienced as a result of this horrendous incident. The case was brought under federal law rather than a Michigan statute.
The court in this instance denied the police department’s motion to deny these damages and limit the plaintiff’s recovery only to the value of the dog. The court’s decision stated that it is “beyond dispute” that compensatory damages under federal law 42 U.S.C. § 1983 may include noneconomic injuries. The court went on to say that the loss of a companion animal had different policy considerations than in traditional negligence claims. In fact, the court stated that, “[P]rohibiting recovery for emotional damages stemming from the loss of, or harm to, an animal caused by a constitutional violation would conflict with the compensatory and deterrence aims of 42 U.S.C. § 1983.” Additionally, applying this law on the issue of emotional damages for injury to an animal would create inconsistency in civil rights actions since other states allow such damages. The court found that the determination of both compensatory and punitive damages must be left to the jury finder for each case, including this one.
These three cases are proof that the law is not set concerning emotional damages for companion animals. This is why pet parents must not accept that the law in their state won’t allow them to recover damages. Laws are interpreted by the judge in individual cases, and the intentional death or injury of a family pet must be brought to court where it can be determined on its own merit.
So, what if you do everything you can to find your lost pet and despite all your efforts you find out that it has been euthanized by the shelter or a vet, spayed or neutered, or harmed? Do you have a right to claim damages? The typical lawyer answer is, it depends. If you can prove that a person kept your dog knowing that it belonged to you, then the answer is yes. They can be charged with theft, prosecuted, and ordered to pay restitution. If you can prove they intentionally kept your dog for their own benefit, which can be difficult, you can sue them civilly for damages. People intent on keeping a dog will destroy any identification, but if your dog is microchipped you can at least prove it’s your dog and get it back. Sometimes the best result in cases like these is just to get your dog back and be thankful. If it’s a case of intentional cruelty, report the person to the police and have them arrested. As we’ve seen, results from a lawsuit are widely divergent, and even if you get a judgment, in many instances the defendant does not have sufficient assets to pay it. Even if they are charged with a crime and ordered to pay restitution, it is often difficult to collect even with the help of the court.
As mentioned previously, you can only have a cause of action against a government agency, such as a shelter, if they broke the law. The Medlens were able to sue the Fort Worth Animal Shelter employee because she broke the law by euthanizing the dog while it had a hold on it. In some states you have to file a notice first, informing any government agency, for example, a county shelter, that you plan to file a lawsuit against them. Most agencies are self-insured and, rather than spend money on a legal defense for a valid claim, will sometimes offer to settle with you. They will offer only what your state law allows for recovery, which in most instances is the economic value of the dog. Again, you can take them to court and hope for a verdict against the odds.
If you purchase a dog that turns out to be stolen and you were a bona fide third-party purchaser, or innocent third-party purchaser, which means you purchased the dog without notice that it belonged to someone else, you may get to keep it. Buyer beware can’t be expressed enough in this situation. If someone offers to sell you a dog at a discount, has vague answers about where it came from, is in a hurry to complete the transaction, has no medical or birth records for the dog, or acts suspicious in any manner, run away. Sellers such as this should be reported to the police, as the dog has more than likely been stolen.
Innocent third-party purchasers are in a difficult position. They didn’t do anything wrong, yet the lawful owner appears and wants the dog. Depending on how long they had the dog, both the new owner and the dog may have bonded, but the first owner has memories and attachment to the dog. The dog will also be bonded to the family and should be with his original family. No one really ever wins in this situation. If your dog is lost and subsequently purchased by an innocent third party, be prepared that in most instances, the legal remedy is that they get to keep the dog. If you can reach a solution between yourselves, that’s usually the best course of action in these situations.
There are no good-Samaritan statutes in the United States that compel a person to offer assistance to a person or to a dog. Good-Samaritan laws relieve most people from lawsuits if they act in good faith to help someone, but end up causing harm. These statutes don’t apply to property, and dogs are property. If you find a sick or injured dog and take it to your vet, do so because you want to and expect no repayment. The true owner of the dog has no liability to reimburse you. This is a situation where you have to let your conscience guide you, and in the spirit of kindness and goodwill do what you would want someone to do for your dog. A responsible pet parent should offer to reimburse you, but don’t expect it. Shelters most often do charge a fee to redeem a lost dog, which varies from shelter to shelter even within the same state.
In 2015 there was an increase across the country in the number of dogs that were stolen. Most of the time it’s only a misdemeanor. To meet the threshold for a felony, the property (the dog) must have a value of at least one thousand dollars under common and statutory law. While our pets are priceless to us, proving the actual value of a dog is often difficult unless it’s a purebred dog with a purchase receipt. Then again, value is always diminished on any property due to age. In the case of our dogs, the longer we have them, the more valuable they are to us, not the court system.
Stolen dogs often disappear under the same circumstances as missing dogs, but thieves are bold and have been known to snatch dogs from an owner as they walked with the dog. Pay attention to your surroundings and be diligent of people who pay overt attention to your dog or whom you see in more than one place. Maybe they talked to you at the dog park and then you see them again while walking your dog somewhere else. It might be a coincidence, but it might not be. Trust your gut feeling and trust your dog’s reaction to certain people. I’m not advocating paranoia toward every person who greets your precious pooch, but caution is not overrated when protecting your dog.
Know the law in your state concerning stolen dogs. In North Carolina it’s a Class I felony to steal a dog. No value threshold needed. They have to pay a fine no less than the value of the damages, and the judge has the authority to impose a sentence of his own determination. It’s interesting to note that the dog theft statute follows a long list of other prohibited thefts, and it’s right below waste kitchen grease and right above portable toilets. That says a lot about the status our dogs get in the American justice system.13
Since stealing a dog is a crime, if the thief is caught, they will be charged and prosecuted. Part of a plea bargain or a conviction will include restitution. If you want damages beyond that, you will need to file a civil suit. As previously discussed, most courts limit the damages to a determined value of the dog. If it’s a service dog, you can probably recover for the value of the services; if it’s a run-of-the-mill mutt, maybe your adoption fee if you have a receipt. Damages are not easily obtained for a dog that was stolen versus a dog that has been intentionally injured or killed.
If your dog goes missing and you know or suspect that he was stolen, call the police immediately. Be as detailed as possible relaying all the information you have concerning the theft of your dog. You’ll have to identify your dog if the police locate her. This is where a microchip is worth its weight in platinum. You have to be willing to press charges and testify in court. The police department doesn’t operate as a lost-and-found department. Even for minor infractions an animal control officer is called out for, such as your neighbor’s dog barking all night, they won’t usually write a citation unless the person who complained is willing to promise to come to court and testify. In many scenarios you’d have a potential suspect to name to the police, but if your dog was taken while you were gone and you have no idea at all what happened, it becomes a difficult case right from the start. Many situations where your dog could potentially be stolen are preventable, but we don’t have control over everything at all times.
David Toon and his fiancée Liz know this to be heartbreakingly true. Liz, a pharmacist in Mays Landing, New Jersey, returned from work to find her condo had been broken into and Luna, the little Yorkie she co-parented with David, was missing. Her first call was to David, during which she explained the situation at her home: a missing laundry basket (no doubt used to put Luna in) and an open balcony door. Nothing else was missing. He told her to call the police immediately and jumped in his car for the two-and-a-half-hour drive to New Jersey.
The police were just leaving when David arrived. They took a report, couldn’t do any fingerprints on the exterior doors because it was raining, and said they’d be in touch. David noticed a small footprint on the pee pad in the kitchen and thought it must have been a child who broke in. The scenario made no sense.
Despite financial situations, pet parents rally their resources when it comes to getting their dog back, and Liz and David were no different. They offered a reward. They increased it. David searched for days, printing out maps, following leads, looking everywhere. One day he sat on the top of his car for seven hours at a basketball court because someone said a dog matching Luna’s description had been coming there for a few days. She never appeared.
They printed posters, made signs, begged different media sources to cover their story. No Luna. A store reported that a dog resembling Luna had run inside and then back out, and they had a surveillance tape. David asked for it, but they said they could only give it to law enforcement. The police said they’d get it, but they never did. Dogs are very low on the priority list of busy police departments.
People prayed. A “Bring Luna Home” page was created on Facebook. Liz and David couldn’t eat, they couldn’t sleep. They received calls about sightings. They received scam calls saying someone had taken Luna to Nigeria. They heard about another dog, Katie, that had been stolen under similar circumstances. Justice Rescue, a dog recovery organization, had found her. David contacted them and begged them to take their case. Eight members of the organization traveled to New Jersey and canvassed the neighborhood, knocking on doors, questioning people. They found nothing, but promised to stay on the case.
At the time of this writing, Luna has been gone for more than two years. Saturday, September 28, 2016, will be her fifth birthday. Liz’s and David’s parents want them to let go and move on. Liz comes home from work every night and goes to bed. David goes to Mays Landing every weekend and searches. He understands his parents’ concern, but he can’t let go; Luna is their child. They planned a life with her, and as short as dogs’ lives are, the months she’s been gone have taken a massive toll on them and destroyed those plans. They hold on … they wait. There was no way they could have seen this coming, and there was nothing they could have done to prevent it.
In Ace Ventura, Pet Detective, Jim Carrey portrays a pet detective in Miami, Florida, who is hired to find the Miami Dolphins’ missing mascot. Ace eventually found the mascot, but there were many mishaps along the way. There are real-life pet detectives who use sophisticated tactics to find missing pets. I met Corrin Culhane and Dawn Weichler through helping to find some missing dogs on Facebook. They have been volunteering to find missing pets for several years and have formed a business, On Your Tail Search & Rescue.
Dawn’s two-year-old Siberian husky, Santi Amani, was stolen, and her other dog ran after the thieves. The thieves let Santi go, but never having been off a leash and terrified from the abduction, she ran wildly, was hit by a car, and died instantly. This was a profound tragedy for Dawn and a life-changing experience.
Dawn and Corrin receive calls from rescues and shelters that have foster homes that have lost a dog. They get frantic calls from transporters of dogs to shelters who have dogs run away at a rest stop. People whose dogs have been missing for a long time call them, because they can’t believe they are gone forever or dead and are looking for any small glimmer of hope.
The company uses a variety of methods to find lost dogs, but just like police detectives, wearing down the soles of their shoes, talking to people, and putting up flyers is how many searches turn into happy endings.
Hiring a pet detective is a good option if your dog goes missing or is stolen. Be prepared to give them every piece of information you have leading up to the dog’s disappearance, have a recent and clear photo, be willing to post a reward, and be as patient as possible.
With reasonable precaution your dog should never go missing or be stolen. Things happen quickly, and dogs can disappear in a matter of seconds. That’s why constant diligence can’t be overstressed. Keep in mind the law views your dog as personal property. Don’t expect law enforcement to rescue you from your own negligence or the court system to deliver an adequate remedy if your dog is stolen or suffers harm when out of your control. Until more states accept the standard that a pet is a family member, thus entitling pet parents to emotional and special damages, the best you can hope for is to recover economic damages or market value for your dog, which means nothing when you lose your canine companion.
Even when you’re the best pet parent possible, things can go wrong. We all have to trust our dogs in the care of someone other than ourselves at times, and often that person is a veterinarian. What happens when your dog suffers harm from a vet’s negligence? Are vets held to a higher standard than an ordinary person, which enables pet parents to recover damages similar to a medical malpractice case? Attorney Gail McMahon found out just how tough it was to sue a veterinarian when her show dog died as a direct result of a vet’s actions.
10. 397 S.W.3d 184; 2013 Tex. LEXIS 270; 56 Tex. Sup. J. 470.
11. 208 Cal.App.4th 1590 (2012)146 Cal. Rptr. 3d 585.
12. 2016 WL 212932 E.D. Mich. Jan. 19, 2016.
13. North Carolina Statutes, Subchapter V. Offenses Against Property. Article 16-Larceny. §14-81 Larceny of horses, mules, swine, cattle, or dogs.