Full question:
I was given the wrong prescription for my dog which ended after several week in death. They are paying the vet bills, but I was wondering what a fair and reasonable settlement would be for pain and suffering as I had to watch my dog suffer, which in turn caused much emotional pain for me as well.
- Category: Animals
- Date:
- State: Idaho
Answer:
You may have a civil action for negligence in which you may be able to recover damages for loss of enjoyment and other damages relating to loss of the dog.But please review the following regarding actions for wrongful death of animals.
The majority of jurisdictions in the United States classify pets as personal property. See Harabes v. Barkery, 348 N.J.Super. 366, 791 A.2d 1142, 1144 (Law Div.2001) (citing cases); Margit Livingston, The Calculus of Animal Valuation: Crafting a Viable Remedy, 82 Neb. L.Rev. 783, 787-803 (2004) (citing cases); Robin C. Miller, Damages for killing or injuring dog, 61 A.L.R. 5th 635, § 3[a] (1998 & Supp.2009) (citing cases). Indeed, the " common law did not consider pets to be property since they were kept merely for pleasure, not for food or work." Peter Barton & Frances Hill, How Much Will You Receive in Damages from the Negligent or Intentional Killing of Your Pet Dog or Cat?, 34 N.Y.L. Sch. L.Rev. 411, 411 n. 3 (1989).
The majority of states also limit recovery for negligent injury to or death of a pet to the animal's fair market value and bar a plaintiff pet owner from recovering emotional distress damages. See Rebecca J. Huss, Valuation in Veterinary Malpractice, 35 Loy. U. Chi. L.J. 479, 514 (2004) (citing cases); William C. Root, " Man's Best Friend" : Property or Family Member? An Examination of the Legal Classification of Companion Animals and its Impact on Damages Recoverable for their Wrongful Death or Injury, 47 Vill. L.Rev. 423, 430-31 (2002); Victor E. Schwartz & Emily J. Laird, [222 P.3d 275] Non-economic Damages in Pet Litigation: The Serious Need to Preserve a Rational Rule, 33 Pepp. L.Rev. 227, 235-37 (2006) (citing cases).
The majority of states also limit recovery for negligent injury to or death of a pet to the animal's fair market value and bar a plaintiff pet owner from recovering emotional distress damages. See Rebecca J. Huss, Valuation in Veterinary Malpractice, 35 Loy. U. Chi. L.J. 479, 514 (2004) (citing cases); William C. Root, " Man's Best Friend" : Property or Family Member? An Examination of the Legal Classification of Companion Animals and its Impact on Damages Recoverable for their Wrongful Death or Injury, 47 Vill. L.Rev. 423, 430-31 (2002); Victor E. Schwartz & Emily J. Laird, [222 P.3d 275] Non-economic Damages in Pet Litigation: The Serious Need to Preserve a Rational Rule, 33 Pepp. L.Rev. 227, 235-37 (2006) (citing cases).
Kaufman v. Langhofer, 223 Ariz. 249, 222 P.3d 272 (Div. 1 2009)
You should consult a local attorney to determine what you might recover in your State.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
