[Animals] Veterinary clinic must pay four million pesos for the loss of a cat

[[Ty]M@g0k1l3r]

"Nicolás" disappeared in the middle of a stay, causing "a great emotional and physical impact" on his mistress, a divorced elderly woman who lives alone.

The Justice highlighted that "since it is a living and sentient being, its quality is superior to a mere patrimonial asset."

The Temuco Court of Appeals unanimously ratified a ruling by the city's Third Local Police Court that ordered the Edén Veterinary Clinic to pay 2.2 million pesos in compensation to the owner of a cat that got lost during a stay.

According to the case file (see attached file), "Nicolás" was lost on January 19, 2021. After that, its owner, a 71-year-old woman named María Elcira Quiroz, filed a complaint and a claim for compensation for damages.

The letter indicates that the cat was an important part of her life, since she is a person with reduced mobility and has lived alone for a decade, after divorcing after 34 years of living together.

It is added that the incident "caused a great emotional and physical impact, since Nicolás was his only company."

 

 

An expert who examined her accredited "acute stress disorder and panic attack."

In addition, "little empathy" is accused of the Clinic, which "minimized the loss of the cat, (...) they objectified it without understanding the meaning it had for Mrs. María Elcira"; they referred to him "as an object" and even had a "cut treatment", an "aggressive and hostile" attitude that made the older adult feel guilty for what happened.

"BEINGS WORTHY OF PROTECTION AND CARE"

  The first instance ruling, pronounced by magistrate Michele Caminondo and confirmed by the appellate court (see attached file), establishes that "the receipt was not complete with the consumer, affecting the minimum professional standard regarding information, safety and good service requirements".

Additionally, "the protected legal asset rises even higher as it is a living and sentient being, whose quality is superior to a mere patrimonial asset." Pets "are beings worthy of protection and care," she emphasizes.

In short, the Clinic - which also operated as a hotel for pets - must pay the owner of "Nicolás" two million pesos for morality, and 227,250 pesos for consequential damages.

Additionally, you must pay a fine of 35 UTM (2.1 million pesos) for tax benefit. In total, the disbursement will be 4.3 million.

 

https://www.cooperativa.cl/noticias/pais/medioambiente/animales/clinica-veterinaria-debera-pagar-cuatro-millones-de-pesos-por-extravio/2023-02-15/113403.html