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Non-Economic Damages in Pet Litigation: The Serious Need to Preserve a Rational Rule

Victor E. Schwartz and Emily J. Laird


33 PEPP. L. REV. 227-273 (2006)
Publish Date:
2006
Place of Publication: Pepperdine University School of Law
Printable Version

Non-Economic Damages in Pet Litigation: The Serious Need to Preserve a Rational Rule

 

Reprinted with permission from

PEPPERDINE LAW REVIEW

Volume 33, Number 2, 2006

Copyright 2006 by the Pepperdine University School of Law

From the authors' Introduction:

This article will describe these potential changes and the public policy implications of changing the rules of damages in animal law. After briefly describing the traditional rules of damages in tort law, an important predicate to understanding the current unsound impetus to change, this article will set forth the established law of damages with respect to pets and other animals. It will show how the movement to allow non-economic damages in pet cases assaults fundamental principles of animal law. It will also demonstrate several reasons why allowing non-economic damages in  pet cases is unsound public policy. Next, this article will explain how allowing non-economic damages in pet cases, particularly in those involving mere negligence, harms veterinarians, manufacturers of pet medications, pet owners, and even pets themselves. Finally, it will then show that capping non-economic damages in pet suits is not a helpful compromise, but a dangerous misstep that is to be avoided

 

Non-Economic Damages in Pet Litigation: The Serious Need to Preserve a Rational Rule. 33 PEPP. L. REV. 227-273 (2006) (pdf file 240.32 KB).

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