NABR Animal Law §ection

When a pet or other animal is injured or killed by a person or another animal, the owner is often entitled to damages even if the animal was not harmed on purpose. If the injury or death was accidental, the conduct must meet the legal standard for negligence if recovery is sought.

Recovery in the form of economic damages is the most common form of compensation available to owners of pets or other animals that have been injured or harmed. Economic damages usually consist of the market value (typically the purchase price or replacement cost) of the animal, veterinary care, training costs, breeding costs, loss of breeding income, and other measurable monetary costs resulting from the injury or death of the animal.

Non-economic or special damages, such as emotional distress or loss of companionship, are increasingly being sought in animal wrongful death or injury cases. These costs can often be substantial.

The type of compensation available to animal owners differs significantly from state to state and depends to a great degree on the facts and circumstances of each case. Those who argue that non-economic damages should be permitted in cases involving animals, maintain that the value of the animal to its owner often goes far beyond its economic or "replacement" value. They argue that the emotional bond between humans and their pets or other animals can equal the bond experienced between two people, and that pets are often treated as members of the family. Therefore, damage awards based on the pecuniary cost of the animal are inadequate to compensate the owner of an animal that has been wrongfully killed according to the law.

Many animal rights lawyers also argue that punitive or exemplary damages should be awarded in animal wrongful death or injury cases. Some statutes specifically authorize punitive damages in animal death or injury cases. These statutes typically place a cap on the amount that can be awarded. Punitive damages are awarded to a plaintiff over and above compensatory damages, whether economic or non-economic. Punitive damages are intended to punish the wrongdoer and to deter others from future similar wrongful actions.

Those who express concern, or otherwise oppose compensation for non-economic damages, argue that permitting larger recoveries will only encourage a flood of lawsuits without providing additional protections to animals. They express particular concern about the effect of larger compensation awards on veterinary medicine. If non-economic damage awards are permitted, opponents say veterinary malpractice premiums will increase significantly. Veterinarians will begin practicing defensive medicine to avoid potential lawsuits. The end result will be much higher costs for animal medical care, which in the end will discourage many people from seeking routine veterinary care for their animals.

News Articles

Courts Ponder Value of Man's Best Friend
Associated Press, December 4, 2006
When Denis and Sarah Scheele's dog was fatally shot after wandering onto a man's property, they sued and not just for damages. The couple also wanted compensation for their emotional distress and loss of companionship. Read the Article

Tort Watch for Animal Lovers
Washington Post, December 29, 2005
Distraught pet owners are not marching on Washington -- yet -- to win the right to sue for the loss of companionship if their dogs and cats are injured or killed. But that's not stopping lobbyists for pet-medicine manufacturers from keeping an eye on the Hill.
Read the Article

Pets, owners get their day in court
Newhouse News Service , July 24, 2005 - The legal community is starting to pay serious attention to cases involving pets: pet trusts, veterinarian malpractice cases and suits that push to expand emotional damages so they cover a pet's death or injury. "There is more happening since the year 2000 than in the previous century. … A whole convergence of different energies are creating this fantastic, really, volcano of change," said Carolyn Matlack, president of Animal Legal Reports, which tracks lawsuits and legislation. Read the article (free registration required)

Growing trend of pet law gives animals their day in court
Chicago Tribune, June 29, 2005 - Today, people are seeking out lawyers like Chicago's Amy Breyer who specialize in the growing field of animal law and will pursue cases such as veterinarian malpractice, animal abuse or landlord-tenant issues with as much aggressiveness and skill as any other type of legal claim. And as the animal law landscape grows, so do questions about where it's headed and what pet owners can or should do.
Read the article

Family Matters
The Boston Globe, May 10, 2005 - For many, pets are like kids, and the animals' love is priceless. So when they die in an accident, it's tough to answer the question "What are they worth?
Read the article (free registration required)

Woman Gets $45K for Cat Killed by Dog
Associated Press, May 9, 2005 - A woman who sued a neighbor after his dog mauled her cat to death has been awarded more than $45,000.
Read the article

When pets die at the vet, grieving owners call lawyers
USA Today, March 14, 2005 - The patient had dental surgery, there were complications, and he died. Now his family members are accusing the doctor of negligence and claiming that the episode caused them emotional distress. It's a typical medical malpractice case — except in this 3-year-old dispute, the patient was a sheepdog named Lucky.
Read the article

Several factors at play when determining compensatory value of animals, AVMA says (7/01/03)
Read the article

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Law Review Articles

Recovery of ‘Non-Economic’ Damages for Wrongful Killing or Injury of Companion Animals: A Judicial and Legislative Trend
Sonia S. Waisman & Barbara R. Newell
7 Animal L. 45 (2001)
Read the article (pdf)

Recovery of Common Law Damages for Emotional Distress, Loss of Society, and Loss of Companionship for the Wrongful Death of a Companion Animal
Steven M. Wise
4 Animal L. 33 (1998)
Read the article (pdf)

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Other Items of Interest

AVMA Position Statement
AVMA Task Force on Legal Status of Animals - Pros & Cons
AHI Issue Paper

Resolution on Animal Guardianship and Liability Legislation

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