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MS - Jackson - Chapter 18 Animals (Article 1: In General) |
In Jackson, Mississippi, an animal that damages public or private property is considered a public nuisance and it is the duty the animal's owner to prevent his or her animal from becoming a public nuisance. Additionally, in these ordinances, an animal control officer is authorized to discharge a firearm as the sole effective means for controlling a public nuisance. These ordinances also prohibit any person except a licensed veterinarian from cropping a dog's ears and also provide penalties for any person violating this chapter.
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MS - Theft - § 97-17-61. Taking of animals or vehicles |
This Mississippi statute provides that any person who takes away any livestock animal, dog, or vehicle without the consent of the owner or his or her agent, where such taking and carrying away does not amount to larceny, shall be fined, imprisoned, or both upon conviction. This statute does not apply to anyone who takes property of another believing, in good faith, that he or she has a right to do so. |
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Murrell v. Hooter |
A champion jumping horse was struck and killed by a van after escaping through an open gate. The horse owner sued the property owners for negligence and the trial court granted defendants' summary judgment. The Court of Appeals reversed the decision holding the defendants were not entitled to immunity under the Equine Immunity Statute.
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Naples v. Miller |
In this case, the plaintiff brought a lawsuit against the defendant alleging damage to property, which included past and future veterinary bills, emotional distress, mental anguish, and punitive damages caused by the attack of “Ricky”, defendant’s rescue dog to the plaintiff’s terrier “Peanut”. Peanut's veterinary treatment cost over $14,000. Cross-Motions for Summary Judgment were filed by both parties. Defendants alleged that veterinary expenses were not compensable in a property damage case. Additionally, defendants argued that there was no basis for recovery for emotional distress and mental anguish as noneconomic damages were not available for damage to personal property either. Finally, defendants contended that facts did not support an argument for punitive damages as this claim required conduct that is "outrageous" or the result of an "evil motive" or a "reckless indifference to the rights of others," Plaintiff’s moved for summary judgment as well. Plaintiff argued that defendants responsibility was based on 7 Del. C. § 1711 that makes the owner of a dog liable in damages for "any loss to person or property." However, the issue as to the measure of damages was not addressed. The court granted partial summary judgment for the defendant. In its opinion, the court stated that “under Delaware law, dogs were seen as personal property, and the damages to Peanut could not be measured as if Peanut was a human being.” As personal property, a dog is “subject to the same measure of damages as a sofa, a car, a rug, a vase, or any other inanimate item of property.” For that reason veterinary expenses in excess of market value and emotional damage could not be recovered. On the punitive damages allegations, the court did not find that the plaintiff had presented any evidence as to the defendant’s conduct that would satisfy the standard of behavior required.
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Nationwide Horse Carriers, Inc. v. Johnston |
A pregnant mare was injured during transport and lost her foal. The owner sued carrier for damages. The Court of Civil Appeals held that horse owner was not entitled to recover damages for loss of mare’s unborn foal; that award for mare's diminished ability to produce healthy foals was excessive in light of fact that she subsequently produced a foal that survived; and that horse owner was not entitled to attorney fees since the horse was considered freight.
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NC - Malpractice - Chapter 90. Medicine and Allied Occupations. |
This North Carolina statute provides the standard of health care in actions for damages for personal injury or death arising out of medical-based malpractice. Under the statute, the plaintiff must prove by the greater weight of the evidence that the health care provider’s actions fell below the standards of practice of other health care professionals similarly trained and situated in the same or similar communities. |
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ND - Damages - § 36-21-13. Exemplary damages for injuries to domestic animals |
This North Dakota statutes provides that exemplary damages may be applied for any wrongful injury to an animal committed willfully or by gross negligence |
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New Hampshire Ins. Co. v. Farmer Boy AG, Inc. |
Lightning struck a hog breeding facility, which disabled the ventilation system and killed pregnant sows. Plaintiff Insurance Company sued defendant for damages. The Court held that evidence of damages relating to the lost litters and subsequent generations was excluded because damages for future unborn litters are not recoverable when damages are recovered for the injury to or destruction of the pregnant sows.
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NH - Moultonbourough - An Ordinance Relative to Dog Control Regulation |
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Nichols v. Sukaro Kennels |
During a stay at defendant kennel, the kennel owner's dog tore off plaintiff's dog's left front leg and shoulder blade. Plaintiff's petition sought damages to compensate for the injuries and suffering the dog incurred and the loss of aesthetic intrinsic value of the dog. In upholding the district court's denial of damages for emotional injury and mental suffering, the Court of Appeals rejected plaintiff's argument for damages based on the intrinsic value of a pet for the negligent injury to the dog.
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