Asked by user in Virginia. Answered by Enjuris Editors.
Hello, Jeff:
I am so sorry to hear about your dog. That sounds tragic, and I know the loss of a pet can be upsetting and leave lasting sadness and trauma.
The Virginia legislature classifies pets as personal property. That means if someone's negligence causes the death of your pet, you can sue for the animal's market value, but not for your emotional damages.
You can sue the groomer for the replacement cost of your dog… in other words, so that you can purchase another dog at the same market value. But under Virginia law, you are not permitted to recover damages (money) for loss of companionship or emotional distress related to the dog's death.
There's information here that can help you to determine the market value of your dog: https://www.enjuris.com/blog/questions/sue-if-kill-dog/.
Depending on the cost of your dog, this might qualify as a small claims action. In Virginia, you can file in small claims court if the amount you're demanding is up to $5,000.
Also, it could be important to determine the cause of the fire. If it's the result of a criminal act (like arson), that might change who the negligent party is and how you'd proceed with a lawsuit. In other words, if another person set fire to the van, that person could be the negligent party and not the groomer.
If you would like more guidance, I'd urge you to contact a Virginia personal injury lawyer. They will work through the facts of the case and advise you of your best options for recovery. Again, I am so sorry for your loss.