Tuesday, February 22, 2005

Animal Avengers Prevails in Court!

The excerpted message below is from Animal Avengers:

Animal Avengerswon its lawsuit against the Albrights yesterday in small claims court. Finally---apoint for the animals and the animal lovers. I hope that something positivecan come out of this sad incident and the legal precedent will serve to protectmore animals in the future and prevent something like this happening again.

Backon October 1st, a terrible tragedy occurred when a family who had adoptedone of our dogs, Terry, reacted in a knee-jerk, inexplicable and appallingmanner. They adopted Terry from us on September 18, 2004, and seemed tobe the perfect family, passing our stringent adoption process and home check. We were thrilled that an older dog found such a great home. During the twoweek trial period, Terry allegedly bit two people on one day. Mrs. Albrightmade a few phone calls and didn’t reach anyone at Animal Avengers immediately. Instead of securing Terry in the garage or back yard, she insisted thather husband take him to the Carson Shelter, where Mr. Albright paid $20 tohave Terry immediately euthanized. No waiting period, no chance, no windowof opportunity for someone to call them back.

Our sole remedy atlaw was for breach of contract. We filed the action and it was heard yesterdayafternoon. The judge understood the case immediately and wouldn’t allow theAlbrights to make excuses. Mrs. Albright claimed that she hadn’t read thecontract that clearly stated the dog would never be taken to a shelter noreuthanized. The judge informed her that in California, the law presumes thatyou read a contract before you sign it. He then pointed out that she’d signedit in three places!!! He also wouldn’t allow her to state that we misrepresentedthe aggressiveness of the dog (which we did not do). Lastly, he pointedout that there didn’t seem to be urgency and no need to take the dog in andput him down immediately. Indeed, at Carson Shelter, Mr. Albright certifiedthat the dog hadn’t bitten anyone in 14 days and paid to have him killedimmediately. If he had told the shelter of the 2 bites that day, the shelterwould have been obligated to quarantine Terry for 2 weeks and we could’veretrieved him. There was no need for Terry to die, especially in such anatrocious manner. The Albrights had so many options and chose the most unimaginableone possible.

We learned today that the judge ruled in our favor,awarding us the $2500 liquidated damages provided for in the contract. Finallya little justice for the animals! People need to realize that the contractsused by rescue groups MEAN SOMETHING!!!! Animals are not sundry items tobe tossed aside when they no longer suit the adopter's needs. Please putthe word out---if people breach these agreements, they will be held accountable!!

Claire

Claire Petretti
Animal Avengers
Team Leader
AnimalAvengers

1 Comments:

Anonymous Anonymous said...

I'm a huge fan so youmight like akc labrador

7:07 AM  

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