COURT RULING: PETS ARE PROPERTY
Your beloved pet was killed due to negligence, veterinary malpractice, or
outright malice and you
are thinking about legal action. Is there a chance for justice?
June 2016 Update | TheDogPress.com
Barbara J. Andrews, Editor-In-Chief
http://www.thedogpress.com/DogSense/KY-Court-Rules-Pets-Are-Property_Andrews-0910.asp
While animal seizures still occur, the HSUS and other Animal Right groups have
met with legal
obstacles since we released this oft-cited Court ruling. In 2009 we covered
the Kentucky District
court ruling, a historic challenge against the infamous Louisville Law that set
precedent for pet
owners. The Louisville Kennel Club and concerned pet owners waited anxiously
over a year for
the court's ruling on the lawsuit filed in December 2007. The Ruling has been
referenced in
cases of malpractice, negligence, or malice.
https://www.animallaw.info/article/mans-best-friend-property-or-family-member-examination-legal-
classification-companion
Villanova University; William C. Root
According to the law, however, companion animals are considered to be merely
personal property
or chattel. In most jurisdictions, this classification has limited the damages
that pet owners can
recover when their animals are injured or killed as a result of intentional or
negligent conduct.
Traditionally, damages have been limited to the market value of the animal.
[FN9] Some courts,
however, have awarded damages based on the animal's actual value to the owner
instead of using
the market value approach. Other jurisdictions have awarded punitive damages
in cases where
willful or wanton conduct caused a companion animal's injury or death. [FN11]
Most importantly,
an overwhelming majority of jurisdictions have not allowed pet owners to
recover damages for their
emotional suffering resulting from the wrongful injury to or death of their
companion animal.
Specifically, most courts have refused to permit pet owners to recover damages
for emotional
distress or loss of companionship.
Dr Zoe Backman
http://wynsumgsd.com
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