Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| An Animal is Not an Ipod | Diane Sullivan & Holly Vietzke | 4 Journal of Animal Law 41 (2008) |
The law in United States categorizes animals as personal property. As a result, recovery of damages for the loss of a companion animal is often times the fair market value. This inflexible approach to companion animals fails to distinguish between personal property such as a chair and a beloved pet. Needless to say, awarding damages at fair market value serves as little or no deterrence for the tortfeasor. This is especially true in cases where the companion animal lacks pedigree or special training. However, some decisions have authorized human guardians of companion animals to plead and recover the “unique value” of the companion animal. Such decisions reflect a shift in the court’s view of companion animals, which acknowledges public policy concerns for the guardian of the companion animal. This article discusses the law in United States on companion animals and proposes legislative action in the state of Florida for the recovery of the “loss of companionship” for owners of companion animals. |
| The Golden Retriever Rule: Alaska's Identity Privilege for Animal Adoption Agencies and for Adoptive Animal Owners | John J. Tiemessen | 21 Alaska L. Rev. 77 |
In this Comment, the authors examine recent national and Alaskan developments regarding a limited testimonial privilege for animal adoption agencies and adoptive owners. Unlike most testimonial privileges, this new privilege e did not exist at common law and has only a limited foundation in statutes or rules of evidence. The authors conclude by noting the effect this privilege has on replevin and conversion cases involving lost animals that have been adopted by new owners. |
| Overview of International Comparative Animal Cruelty Laws | Paige M. Tomaselli | Animal Legal and Historical Center |
Overview of the comparison between US animal cruelty laws and those in Europe. Specifically, laws of the US, EU, Germany, Norway and Switzerland are addressed. The comparison is based around companion animal and confinement farming laws, transportation and slaughter. |
| Brief Summary of International Comparative Animal Cruelty Laws | Paige M. Tomaselli | Animal Legal & Historical Center |
Summary comparing the laws of the US and Europe on the subject of companion animals and confinement farming, including slaughter and transport. |
| Detailed Discussion of Damages for Death or Injury of Companion Animals | Angie Vega | Animal Legal & Historical Center | This is an overview of how the law compensates pet owners for injury or death of their companion animals caused by the wrongful conduct of another person. Even though the rules for the award of pet damages vary from state to state, the traditional and governing legal approach only recognizes the fair market value of the companion animal, with some exceptions that have allowed the recovery of veterinary costs, and cost of services provided by the companion animal as well. |
| Brief Summary of Pet Damages | Angie Vega | Animal Legal & Historical Center | This brief summary explores the issue of damages for loss or injury to pets. Despite the value most people assign to pets in their families, the legal system considers pets as personal property. The scope of damages available is also affected by this legal classification, as noneconomic or emotional damages such as pain and suffering, emotional distress, and loss of companionship are usually not recoverable for harm or destruction of property. As it stands in most states, fair market value is the approach used by most courts. |
| Overview of Pet/Companion Animal Damages | Angie Vega | Animal Legal & Historical Center | This overview examines compensation for loss of pets, typically known as "pet damages." When a companion animal is injured or killed, it is commonly accepted that the injury suffered by the family members transcends a monetary value. In fact, the majority of pets are of mixed breed and therefore, have a very low commercial value. When a companion animals owner decides to pursue the legal route, it is usually the sentimental value of that companion animal that drives the pet owner to pursue litigation. However, fair market value is still the governing view in most states. There is a patchwork of different approaches addressing the type of damages and extent of recovery available across the country. |
| Detailed Discussion of Veterinarian Malpractice | Angie Vega | This article provides an overview of the history and current status of veterinary malpractice in the United States. It delves into the specifics of this cause of action, legal an nonlegal alternatives, and defenses. | |
| COMPANION ANIMALS: A LEGISLATIVE PROPOSAL TO REDEFINE THEIR LEGAL WORTH | Angie Vega | 98 Tul. L. Rev. 961 (2024) | Companion animals are part of today's American family. As family members, people spend time and resources to ensure their nonhuman family members are healthy and happy. This emotional connection is increasingly being recognized and has started to permeate some areas of the law. Yet, when a companion animal is killed or injured, they continue to be valued economically by the legal system. Fair Market value is the predominant approach in damages compensation when companion animals are injured or killed. Ironically, there is nothing fair about this approach. There is a social interest in companion animals' health and well-being based on the emotional bond shared with them. Sadly, after six decades, this area remains underdeveloped. Current damages available when a companion animal has been harmed cost owners their mental health and tranquility, while tortfeasors get away with the harm caused. There is an imbalance that ought to be recalibrated. Should companion animal owners be compensated for their emotional injuries when their companion animals are injured or killed? That question has been answered numerous times before. They should, indeed. This article answers a different question: how and to what extent should noneconomic damages be awarded in companion animal cases? Suggestions to expand existing causes of action, allowing noneconomic damages for trespass to chattel, and taking animals outside the property classification have been proposed. This article presents a novel legal framework that focuses on the status of companion animals within their family. Still, it is based on public policy and existing legal doctrine that is adapted to the unique situation of animals: beloved integral members of the family unit that are categorized as property by the legal system. |
| Brief Summary of Dog Auctions and Retail Rescue | Kayla Venckauskas | Animal Legal & Historical Center | This brief summary explores the recent changes with respect to dog auctions and the role of rescues. The limited federal and state oversight is discussed as well as new retail pet store bans that have inadvertently fueled "retail rescue" phenomenon. |