Full Title Name:  Valuing Companion Animals in Wrongful Death Cases: A Survey of Current Court and Legislative Actions and a Suggestion for Valuing Pecuniary Loss of Companionship

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Elaine T. Byszewski Place of Publication:  Animal Law Review at Lewis & Clark Law School Publish Year:  2003 Primary Citation:  9 Animal L. 215 (2003)

Because it is exceedingly difficult to measure the value of “companionship” in determining damages for the loss of a companion animal in wrongful death cases, courts and legislatures have struggled to come up with a realistic method of assessment. This article suggests a straightforward “investment approach” to estimate the minimum pecuniary value, including companionship value, that human guardians place on their companion animals. Significantly, the investment approach provides a more accurate assessment of companion animal value, which serves tort system goals of efficient compensation for loss and deterrence of future harm to companion animals.

Documents:  PDF icon lralvol9_p215.pdf (135.99 KB)
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