NABR Animal Law §ection - Loss of Companionship

An increasing number of lawsuits are being filed each year seeking damages for loss of companionship in cases in which an animal has been injured or killed. This section of the website will compile select state case law in state courts that have considered this issue.

CASE LAW

States Denying Recovery for Loss of Companionship

Illinois
New York
Pennsylvania
Washington

States Authorizing Recovery for Loss of Companionship

None

States Denying Recovery for Loss of Companionship

Anzalone v. Kragness (Illinois)
Decided March 7, 2005
Pet owner's cat was attacked and killed by defendant's rottweiler dog while boarded at an animal hospital. The pet owner sued the veterinarian and animal hospital on several grounds, including negligence and intentional infliction of emotional distress. The trial court dismissed the intentional infliction of emotional distress claim and rejected the request for damages on the remaining counts. Plaintiff sought damages in excess of $100,000 on several grounds including loss of society and companionship. On appeal, the Illinois appellate court reversed the trial court stating it is for the jury to determine the appropriate amount of damages. The appellate court also stated that using "value to the owner" as a measure of damages is widely used in small cases. The case now moves back to the trial court for further consideration.
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Jankoski v. Preiser Animal Hosp., Ltd. (Illinois)
Jun 25, 1987
Dog owners brought action against veterinarians and animal hospital for loss of companionship resulting from negligently caused death of dog. The Circuit Court, Cook County, dismissed complaint, and dog owners appealed. The issue on appeal was whether an independent cause of action existed for loss of companionship resulting from the negligently caused death of a dog. The Appellate Court held that such action does not exist in Illinois and therefore dog owners could not recover damages.
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Dejoy, v. Niagara Mohawk Power Corporation
Decided Dec. 30, 2004
Horse owners brought action to recover damages for the loss of their horses, which were electrocuted when wire belonging to defendant fell onto a fence around property where horses were kept. The Supreme Court, Chautauqua County, granted defendant's motion for partial summary judgment dismissing plaintiff's claims for damages for loss of companionship and bond between horse and owner. Owners appealed. The Supreme Court, Appellate Division, held that owners could not recover for loss of companionship.
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Daughen v. Fox (Pennsylvania)
Decided March 30, 1988
Pet owners filed suit against veterinarians and animal hospital alleging several harms, including intentional infliction of emotional distress and loss of companionship. The Court of Common Pleas, Montgomery County, granted summary judgment for veterinarians and animal hospital. The pet owners appealed. The Superior Court, Philadelphia, 1987, Cavanaugh, J., held among other things that under no circumstances could owners recover for loss of companionship arising from dog's death.
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Pickford v. Masion (Washington)
Decided Sep 08, 2004
Dog owner whose pet was mauled by other dogs brought action for negligent and malicious infliction of emotional distress and destruction of guardian-companion animal relationship against owners of other dogs. The trial court entered partial summary judgment for defendants. Plaintiff appealed. The Court of Appeals, Armstrong, J., held that plaintiff could not recover for negligent or malicious infliction of emotional distress, and the cause of action for destruction of companionship relationship did not extend to death or injury to dog. Affirmed.
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