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| www.DogsInTheNews.com |
Volume I - Issue 5 |
May 2001 |
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A Legal Precedent: Dog Sues Invisible Fence for $25,000 |
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Sunday, May 13, 2001 - USA |
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DAYTON, OH — "Will you raise your right paw please... No, I said your right paw... Stop that, now... Give me my gavel back... Order! Order in the court!" Montgomery County Common Pleas Court lists one "Boomer vs. the Invisible Fence Company of Dayton" in its roster (sounds like a bad movie starring Don Knotts, doesn't it?). Boomer is a 4-year-old Golden Retriever who is suing for damages of over $25,000 (USD) for injuries and emotional distress inflicted by an invisible fence. The
Invisible Fence Co., which manufactures "fences" consisting of
a buried electrical wire that triggers a proximity shock in the animal's
collar, has responded tersely with, "This was filed by Boomer.
That's how I read it. It's my opinion that it's clear dogs cannot
sue under Ohio law" (spoken by Attorney Scott Oxley).
Indeed, Boomer's attorney Mr. Paul Leonard acknowledged that there is
no precedent in Ohio for an animal to have an attorney represent it in
court.
Said Mr. Leonard, "That's one of the principles of law we're
going to ask the court to change. This is a lawsuit where we are
trying to plow some new ground." Boomer, who has listed his subordinate "pet guardians"
Andrew and Alyce Pacher of Vandalia, has repeatedly raced through the
ineffective invisible fence in the past. When the Pachers
complained to the Invisible Fence Co., the company sent a representative
who recommended using two collars on Boomer and adjusted the voltage of
both. Later that day, the family reported that Boomer had collapsed,
whining. There were second-degree burns on the dog's neck, the
lawsuit states. |
Ohio law currently regards animals as nothing more than personal property, and thus, no dogs have ever been allowed to file a lawsuit. Boomer's attorney Mr. Leonard, the ex-mayor of Dayton and a former lieutenant governor, is an animal lover hoping to upgrade the legal status of dogs in Ohio. Here's one where a dog might teach the courts to sit up and take notice. §§§
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