Every once in awhile, a story crops up about one dog attacking and killing another dog; or worse a human deliberately killing a pet. Unfortunately, the Internet is full of horrific stories of pet suffering at the hands of others humans or animals. This summer in New Jersey, after witnessing her dog being attacked and killed by another – the courts denied a woman’s claim for damages for emotional distress.
Imagine you’re walking your dog on a public trail; he’s not on a leash, but you know he’s friendly and won’t hurt anyone, especially since he weighs less than 5 pounds. Up ahead, you glimpse a large German Shepherd dog off-leash and bounding towards you.
You scoop up your pet, knowing that, for some reason, even normally friendly dogs view your tiny pet as a chew toy. You’ve done everything right. You identified a strange dog on the loose and helped your dog evade a potentially dangerous attack, right?
Unfortunately, in this true story, the Shepherd leaped up and knocked over the pet owner, lunged at the Chihuahua, and in so doing, bit the owner’s hand and punctured the dog’s neck. Fortunately, everyone survived the attack. The Shepherd had never before attacked another dog, but neither had it ever been socialized with small dogs. Both dogs were off the leash.
Who’s to blame? Can you sue? Firstly, since most dogs will instinctively chase a small, moving object, it’s wise to keep small dogs on a leash until you know the other dog’s familiarity with smaller breeds. Secondly, the law in North America is heavily weighted to viewing animals as property, which dates back to our agrarian roots when people rode horses, and lived and worked on farms.
The most courts would recompense the accidental death of an animals is its economic value. So, if you adopted your mutt at the humane society, you might be looking at $50 for the loss of a beloved family member. As pets become more central in many family homes, often treated like surrogate children, the law is beginning to evolve from defining them as a piece of property to that of a beloved furry family member providing affection and companionship.
“In 2000, Tennessee passed the first statute specifying that damages up to $4000 can be awarded to an owner for the emotional distress due to the loss of a pet through the ‘negligent act of another,’” according to Lawyersweekly.ca.
“Depending on the circumstances and state law, a dog owner may be able to convince a court to order the person responsible to pay for: costs of treatment if the dog is injured, market or replacement value of the dog, sentimental value of the dog, emotional distress, and additional money damages to punish the person responsible,” according to Nolo.com.
If your dog is injured, they recommend you keep records of all bills for treatment, medication, and hospitalization to use during negotiations or at trial.
Detractors of pet lawsuits say it will drive up vet costs and the cost of owning a pet, as well as spark an increase in frivolous lawsuits. However, if you witnessed your beloved pet being viciously attacked or killed, or knew its untimely death was caused by someone else’s negligence, perhaps these laws will force others – pet owners, animal control officers, and veterinarians – to be more accountable.
Credit photo: FreeDigitalPhotos.net