Pet Damages

Displaying 221 - 230 of 356
Titlesort descending Summary
Nikolic v. Seidenberg


When the pet owner adopted a dog, she signed a contract agreeing to have her dog spayed at the vet's facility and to return the dog to the vet if it was sick. For days after the surgery the dog was ill so the other vet performed exploratory surgery and repaired a cut in the dog's intestine. The pet owner filed an action to recover the medical expenses and the lower court granted the vet's motion to dismiss.  The reviewing court held that the language in the contract was not sufficiently clear and explicit to exculpate the vet from negligence because the vet was not a party to the contract and thus not a direct beneficiary of the contract.
NM - Property - Chapter 77. Animals and Livestock. Dogs, cats and domestic birds are considered personal property in New Mexico.
No Shelter from the Storm: How the Execution of Pets by Law Enforcement at Beauregard Middle School in St. Bernard Parish in the Aftermath of Katrina Violated the Constitutional Rights of Pet Owners


This paper explores the Fourth Amendment rights of a dog owner when law enforcement executes his/her canine companion. This paper is framed around the experiences of St. Bernard Parish, Louisiana residents who evacuated to Beauregard Middle School during Hurricane Katrina.
Non-Economic Damages in Pet Litigation: The Serious Need to Preserve a Rational Rule


This article argues that allowing non-economic damages in pet cases is unsound public policy and contravenes traditional tort rules of damages. Further, the authors suggest that legislative attempts to cap non-economic damages in pet cases are not a helpful compromise. Allowing non-economic damages ignores established common law principles in tort law and will potentially harm animals by raising the cost of veterinary care.
Non-Economic Damages: Where Does It Get Us and How Do We Get There?
NONECONOMIC DAMAGE AWARDS IN VETERINARY MALPRACTICE: USING THE HUMAN MEDICAL EXPERIENCE AS A MODEL TO PREDICT THE EFFECT OF NONECONOMIC DAMAGE AWARDS ON THE PRACTICE OF COMPANION ANIMAL VETERINARY MEDICINE
Norwest v. Presbyterian Intercommunity Hospital


This court found that there was no common law liability where a tortfeasor's conduct caused a child to lose parental support and care. The court declined to create a new common law cause of action for parental consortium, and suggested that it was up to the legislature to create such a cause of action. However, dicta in the case refers to an invasion of the animal/animal owner relationship as actionable misconduct.
NV - Damages, pet - 41.740. Damages for which person who kills or injures pet This Nevada law provides that if a "natural person" intentionally, willfully, recklessly or negligently injures or kills the pet of another natural person, the person is liable for (a) the cost of veterinary care incurred because of the injury or death of the pet; (b) any reduction in market value of the pet caused by the injury; (c) the market value and reasonable burial expenses if the pet is killed; and (d) reasonable attorney's fees and costs incurred in bringing an action under this section. All the damages must not exceed $5,000 per pet. There are several exceptions under the law. A pet is defined as any domesticated dog or cat normally maintained in or near the household of its owner.
NV - Property - Chapter 193. General Provisions. Dogs, domestic animals and birds are considered personal property in Nevada.
NY - Property, theft - Chapter 69. Of the Consolidated Laws. This New York statute provides that it is a crime to steal dogs, defined as: removing the collar, identification tag or any other identification by which the owner may be ascertained from any dog, cat or any other domestic animal; seizing or molesting any dog, while it is being held or led by any person or while it is properly muzzled or wearing a collar with an identification tag attached, except where such action is incidental to the enforcement of some law or regulation; or transporting any dog, not lawfully in his possession, for the purpose of killing or selling such dog.

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