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NY - Service Animal - Chapter 24-A. Of the Consolidated Laws. |
Under this New York statute, a disabled person whose guide, hearing or service dog is injured due to the negligence of the owner of another dog in handling that other dog may recover damages from the owner or custodian of the non-guide guide dog. These damages include veterinarian fees, replacement or retraining costs for the guide dog, lost wages, or damages for loss of mobility during retraining or replacement of the dog. |
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O'Rourke v. American Kennels (Unpublished Disposition) |
In this highly entertaining Small Claims case, claimant seeks to recover the purchase price of her dog, Little Miss Muffet. The issue presented, in large part, concerns the dog's weight. Claimant contends that Muffet was supposed to be a "teacup dog." At eight pounds, she is well above the five pounds that is considered the weight limit for a "teacup" Maltese. Plaintiff paid an additional $1,000 above the standard $1,500 to purchase the smaller variety of Maltese. Plaintiff was awarded the differential in price, but not veterinary fees for a knee condition that developed after the warranty protections expired in the purchase agreement.
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Oberschlake v. Veterinary Assoc. Animal Hosp. |
This is the story of “Poopi,” a dog who tried to sue for emotional distress and failed. As the court observed, "Whether or not one agrees with the view that pets are more than personal property, it is clear that Ohio does not recognize noneconomic damages for injury to companion animals." While the court noted that one Ohio case has apparently left open the door for recover of distress damages, "the mental anguish in such situations must be ‘so serious and of a nature that no reasonable man could be expected to endure it.’ Even conceding the bond between many humans and their pets, the burden is one that would be very difficult to meet." Indeed, the court found that the burden was not met here.
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Oestrike v. Neifert |
In this case, defendant Neifert rented land to graze cattle. Plaintiff owned billboards in the pasture that were often painted with lead-based paint. Defendant's cattle ate the lead-contaminated paint left in the pails and the ground and subsequently died from poisoning. The Court upheld the award of damages to defendant-Neifert on a negligence theory because plaintiffs should have reasonably known that the cattle would ingest the paint left in the pails and on the field.
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OK - Property - § 1717. Dog as personal property |
Dogs are considered personal property in Oklahoma. |
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OR - Animal Definitions - Chapter 87. Statutory Liens. Liens Generally. 87.142. Definitions |
This is Oregon's statutory definitions for Animal Statutes. |
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OR - Damages - 30.822. Theft of or injury to search and rescue animal or therapy animal; attorney fees |
This Oregon law provides that the owner of a search and rescue animal or a therapy animal may bring an action for economic and noneconomic damages against any person who steals or, without provocation, attacks the search and rescue animal or therapy animal. The owner may also bring an action for such damages against the owner of any animal that, without provocation, attacks a search and rescue animal or therapy animal. If the animal dies as a result of the injuries sustained or the incident prevents the animal from returning to service, the measure of economic damages shall include, but need not be limited to, the replacement value of an equally trained animal, without any differentiation for the age or the experience of the animal. If the animal recovers and returns to service, the measure of economic damages shall include, but need not be limited to, the costs of temporary replacement services, veterinary medical expenses and any other costs and expenses incurred by the owner as a result of the theft of or injury to the animal. |
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OR - Property - 609.020. Dogs declared personal property |
Dogs are considered personal property in Oregon. |
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Ott v. Pittman |
In this South Carolina case, a dog owner brought a negligence action against a hog farmer who shot two of the owner's champion "Treeing Walker Coonhound" dogs. The farmer counterclaimed, alleging damages for the dogs' action and malicious prosecution. The lower court ordered judgment for the dogs' owner (Ott) in the amount of $19,800, finding Pittman 90% liable. On the farmer's appeal, this court upheld the $19,800 award, finding sufficient support based on expert testimony about the specific qualities of the breed.
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Overview of Damages for Injury to Animals - Pet losses |
This overview describes the state of law with regard to damages for injury or loss of pets. Included in the discussion is an examination of the traditional market valuation of pets, punitive damages, consequential damages, and damages related to emotional distress.
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