Elena Zakharova Sues Raising Rover Pet Store For Dog's Pain

Can a lawyer prove the existence of a living soul? If you're defending Elena Zakharova and her dog Umka, that's exactly what you'll have to do.

In a rather bizarre lawsuit, Zakharova is suing Raising Rover, an Upper East Side pet store where she purchased Umka, a tiny Brussels Griffon, last February.

After a veterinarian recommended by the pet store deemed the pooch healthy, Zakharova claims Umka started to limp and whimper in pain and was later diagnosed with a bad knee and hip.

The Daily News says Zakharova is now suing the store on behalf of her and Umka to receive compensation for close to $8,000 in veterinarian bills plus an undisclosed amount to rectify the dog's suffering.

The unusual twist falls on Zakharova's lawyer who is attempting to convince the judge that Umka's suffering can be likened to the pain of a 7-year old child because pets must be "recognized as living souls, not inanimate objects."

[Zakharova] can get pain and suffering damage and they're worth a lot more than the puppy lemon law that gives you the value of the dog. How can we value her pain and suffering? So let's compare it to a 7-year-old child that slipped and fell. [The suit] requests humanity for Umka in that she be considered a living soul that feels pain, and that her pain and suffering is recognized by this state and considered as damages to her.

While lawyer Susan Chana Lask admits the unprecedented case to prove Umka is not property will prove to be challenging, Lask may be able to use the fact that Raising Rover has a history of selling dogs supplied by puppy mills known for their cruel treatment towards animals.

Last November, an undercover investigation videotaped workers from 11 stores in the city purchasing such dogs, despite claiming their animals were bought from "private breeders." Raising Rover was one of the those stores.

Tell us below what you think about Umka: is her soul deserving of the cash?

Comments

[Awilda VelezRodriguez]

07:06 PM on 04/02/2012

I don't beleive in purchasing animals of any kind and form any store, etc. I believe in adopting homeless animals. I'm sad that Umka is hurting and I hope and pray she gets better, as for her owner, I hope she learned a lesson to never purchase animals from a store. If the court supports her claim, I hope they force her to donate the money she gets to a shelter.

[jm26dream]

02:06 PM on 01/11/2012

But the dog himself never complained...it is just probably just being misrepresented by its owner, otherwise it would speak up. Sue all dogs!

[Violette Noire]

12:12 PM on 01/06/2012

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[Melissa Bingaman Keon]

10:36 AM on 01/06/2012

Pope John Paul II proclaimed that “the animals possess a soul and men must love and feel solidarity with our smaller brethren.” He went on to say that all animals are “fruit of the creative action of the Holy Spirit and merit respect” and that they are “as near to God as men are.”

The Holy Father reminded people that all living beings, including animals, came into being because of the “breath” of God. Animals possess the divine spark of life—the living quality that is the soul—and they are not inferior beings, as factory farmers, fur farmers, and others who exploit animals for profit would have us believe.

[DA5050]

10:21 AM on 01/06/2012

Wher's McGruff when you need him !!

[jezoebel]

10:07 PM on 01/05/2012

I say all dogs and cats have souls. They feel pain, they feel love. How could they not have souls? Pets are part of the family and have bigger hearts than most humans.

[CathyKeisha]

04:51 PM on 01/05/2012

She would be more of a hero if she had gotten a dog at a shelter. Anyone who loves animals knows you don't buy them from pet stores because they may come from puppy mills.

[fredimessina]

01:03 PM on 01/05/2012

She should sue the pet store and the vet separately. Both lawsuits should more than compensate for the pain and suffering.

[Barbara Sharnak]

09:55 AM on 01/05/2012

The real problem here is the puppy mills!!! But of course animals are more than just property http://www.webvet.com/main/2012/01/04/should-pets-be-legally-treated-property

[LibertarianCentrist]

09:15 AM on 01/05/2012

Wow... and we complain about the government wasting money.....

[MIKEinNYC]

08:18 AM on 01/05/2012

Let's say that they succeed in showing that the dog did endure pain and suffering. Isn't the owner an improper party to be making that claim. It's like me suing for your pain and suffering. If there is a cause of action for this it would belong to the dog. But since dogs cannot pursue causes of action this claim must fail.

[ludichris212]

07:28 AM on 01/05/2012

Waitaminute! "a veterinarian recommended by the pet store?"

How is the pet shop liable at all? AT ALL?!

She isn't getting anything.

[JoandeV]

06:47 AM on 01/05/2012

We have yet to prove that humans have souls, or that souls even exist, yet we can claim pain and suffering. I don't see why the same claim can be made on behalf of a dog.

For me, the case hinges on the question of whether or not the pet store was culpable. Their patronage of puppy mills helps to enable puppy mills to exist. They also seem to have a relationship with an incompetent or corrupt veterinarian.

[karen lyons kalmenson]

06:29 AM on 01/05/2012

dogs have more heart than most humans, and along with that vast capacity for ♥, comes a great doggie soul:-D

http://www.scribd.com/doc/75285555/Dogs-of-my-Heart

[AlphaDoc]

06:29 AM on 01/05/2012

What does having a "soul" have to do with feeling pain and suffering? If Zakharova's lawyer can't prove to the court that the dog has what humans define as a soul, does that mean the dog isn't feeling any pain?