Pets May Be Entitled To A "Unique Value"

The 11/29/2005 DAILY BRIEFING service of the NEW JERSEY LAWYER reports that:

DISPUTE FOCUSES ON WHETHER MAN'S BEST FRIEND IS ONLY PROPERTY

Some pet owners' emotional attachment to their canine (and feline) companions is so strong, they consider them a member of the family. In Ohio, the law considers animals their owner's property. Not so, Tammie Vasek of Macedonia contends, arguing her dog Tasha's veterinarian should compensate her $2,500 in medical bills and more than $25,000 in damages for mistreating her dog. Dr. Larry Sands of the Valley Animal Hospital in Akron inserted a plate in the dog's malformed leg during surgery in July, but problems resulting from the surgery led to the dog's leg being subsequently amputated. Carolyn Matlack, president of Animal Legal Reports Service, which tracks lawsuits and legislation, says, "An animal's value is considered to be market value as in any other piece of property, like a couch or a chair." Vasek contends she's entitled to compensation for the dog's pain and suffering, potentially diminished lifespan and emotional distress. There is some precedent in California: A 2004 jury awarded the owner of a labrador retriever $10 in value but assessed a $30,000 "unique value" for the pet, which died of liver failure. There was no award, however, for emotional distress and loss of companionship. 11-28-05

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