Pets Aren't "Children" in Court's Eyes
Herald Tribune, October 4, 2009
A Florida appellate court has ruled that a dog owner can pursue a lawsuit seeking damages for emotional distress against a veterinarian who prescribed an injectable heartworm treatment that led to the dogs death. After the dog died the dog owner signed a release. The Florida appellate court held that the release was valid as to all claims of damage resulting from use of the heartworm treatment but held that the release did not bar "any claims that did not result from the use and administration of [the heartworm treatment]." Read the article discussing the case and the issue of veterinary malpractice.
New Era Dawning for Animal Rights
Atlantic Free Press, September 3, 2009
Changes in the emerging field of animal law can come in many areas including: strengthening animal cruelty laws, providing standing for animals or animal "guardians" to enforce animal cruelty laws, allowing damages for intentional harm to animals and passing legislation increasing the rights of animals. According to Diane Sullivan, the founder of an animal rights program at the Massachusetts School of Law at Andover, "Animal law is a rapidly expanding field that is becoming an important aspect of our social policy." http://www.atlanticfreepress.com/news/1/11345-new-era-dawning-for-animal-rights.html
Virginia Case May Define Pet’s Worth
Washington Post, August 17, 2009
An animal rights case seeking $15,000 in damages for “severe emotional distress” in relation to the death of a pet dog is scheduled to be heard by a Virginia court this week. Under current Virginia law, pet owners can only recover the replacement value of the animal, not sentimental or emotional (non-economic) damages. According to the Washington Post, the dog owner’s attorney, Lanny Davis, a former White House counsel for President Bill Clinton, “hopes to move the boundaries of Virginia law in asking a jury to award money for ‘Buster's actual value’ to [the dog owner], saying pets have ‘irreplaceable relationships’ with their owners.” http://www.washingtonpost.com/wp-dyn/content/article/2009/08/16/AR2009081601885.html
Vermont Supreme Court Ruling Supports Animal Welfare in Turning Back Attempt to Expand Pet-Related Litigation
Yahoo! News, May 8, 2009
The Vermont Supreme Court affirmed a lower court decision not to introduce non-economic damages, such as pain and suffering, into pet litigation joining a long line of state courts reaffirming the longstanding legal principle that emotional harm damages are not allowed in litigation over pets. In its ruling the Court stated, “Plaintiffs fail to demonstrate a compelling reason why, as a matter of public policy, the law should offer broader compensation for the loss of a pet than would be available for the loss of a friend, relative, work animal, heirloom or memento -- all of which can be prized beyond measure, but for which this state's law does not recognize recovery for sentimental loss." Read the Article
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
Judge Says Pet Is Property, Not Companion
Throws out Part of $1.6M Lawsuit Over Dog's Killing
ABC News - -May 25, 2006
A dispute between two Estacada, Ore., neighbors turned tragic when 63-year-old Raymond Weaver intentionally ran over his neighbor's dog two years ago. The neighbor's beloved Grizz was so badly injured that doctors were forced to euthanize the 14-year-old Labrador retriever-cocker spaniel mix.
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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.
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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.
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.
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?
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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.
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.
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Several factors at play when determining compensatory value of animals, AVMA says (7/01/03)
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Barking up the Wrong Tree
Richard L. Cupp, Jr.
Los Angeles Times, June 22, 1998
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Animal Law Clinic at Lewis & Clark Law School wins first case it takes to trial
National Center for Animal Law, Lewis & Clark Law School
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