Pet Damages

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Titlesort ascending Summary
"Man's Best Friend:" Property or Family Member? An Examination of the Legal Classification of Companion Animals and its Impact


This article examines the historical treatment of companion animals (pets) under the law as property or chattel, despite the degree of importance most Americans place upon their relationship with their pets. In cases of willful or negligent injury or death to these animals, courts have typically awarded market value damages, which, in most cases are nominal. The author proposes that the characterization of animals as mere property should change to reflect societal views, and punitive damages should be assessed by court where injury to the animal is willful, wanton or reckless.
"Live Animals": Towards Protection for Pets and Livestock in Contracts for Carriage


This article maps the current legal and logistical circumstances of animals in transportation, with a focus on commercial airlines and meat industry trucking practices, and proposes novel ways of utilizing the existing common law of contract adjudication to win stronger protections for such animals, even absent the fulfilled dream of statutory reform. In particular, it argues that courts should utilize two well-established doctrines of contractual interpretation--unconscionability and unenforceability as against public policy--to arrive at more humane results for animals.
Liddle v. Clark In November of 2005 DNR issued an emergency rule that authorized park managers to permit individuals to trap racoons during Indiana’s official trapping season which it reissued on an annual basis from 2007 to 2013. Harry Bloom, a security officer at Versailles State Park (VSP) began installing his own lethal traps with the authorization from the park’s manager. The park manager did not keep track of where the traps were placed nor did Bloom post any signs to warn people of the traps due to fear of theft. As a result, Melodie Liddle’s dog, Copper, died in a concealed animal trap in the park. Liddle filed suit against several state officials and asked the court to declare the state-issued emergency rules governing trapping in state parks invalid. The trial court awarded damages to Liddle for the loss of her dog. Liddle appealed the trial court’s ruling on summary judgment limiting the calculation of damages and denying her request for declaratory judgment. On appeal, Liddle claimed that the trial court erred in ruling in favor of DNR for declaratory judgment on the emergency trapping rules and in excluding sentimental value from Liddle’s calculation of damages. The Court concluded that Liddle’s claim for declaratory relief was moot because the 2012 and 2013 versions of the emergency rule were expired and no longer in effect. The Court also concluded that recovery of a pet is limited to fair market-value since animals are considered personal property under Indiana law. The Court ultimately affirmed the trial court’s ruling.

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