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Dead Chihuahua -- $30,000? Latest Lawsuits Up the Ante in Wrongful Death for Pets

Our pets, like our family members, affect us greatly, while they live and especially after they're gone. It's hard enough to deal with the death of a pet when it's due to natural causes; it's even more difficult when the pet is killed by another human being. How do you replace a beloved pet whose life was cut short by a senseless act of violence? Can you even begin to put a price tag on a pet's life? Most of us would say no; however, there are those who are certainly trying.

Currently our legal system treats pets, in essence, as property. When an animal is lost or destroyed, court cases allow pet owners to recover only the amount it would take to replace a pet. It's like assigning a value to a used car; how much would it cost to replace it if it were totaled in an accident? There have been cases where animal owners have attempted to obtain monetary damages for pain and suffering, but in most cases that portion of the suit has been dismissed.

On the other hand, there are animal owners who have successfully won their cases for monetary damages in the " wrongful deaths " of their pets. In 2002, a family in Oregon sued a neighbor who allegedly poisoned their four dogs because he was tired of their barking; the jury awarded the plaintiff $136,000. In 2008, three Washington men were ordered to pay $30,000 to the owners of Tia, a Chihuahua who was barking in her backyard while all three were drunk and one was asleep in his car; he woke and shot her to shut her up. In 2007, a Chicago police officer was chasing a crime suspect when he ran through the yard of Calvin Hale and shot and killed Hale's 10-year-old Akita; the city of Chicago paid Hale $27,500 in damages.

This movement to assign additional intrinsic value to pets started back in the late 1990s, when then-Tennessee state senator Steve Cohen let his 12-year-old Shih Tzu named T-Bo out into his backyard. The dog was attacked and killed by a larger stray that got into the yard. When Cohen realized all he could claim was the dog's market value, he encouraged his colleagues to pass a state law that allows up to $5,000 in " noneconomic " damages when the death of a pet can be traced to negligence, even by veterinarians. The situation became front-page news in 2007 during and after the largest pet-food recall in U. S. history. Lawyers were being contacted by grieving pet owners looking to collect damages after their pets had died due to eating tainted food; however, most states do not have laws on the books that allow for emotional-distress damages where pets are concerned. Because of situations like this, the non-profit Animal Legal Defense Fund wants more states to adopt laws like that of Tennessee, and promotes the study of animal law, something that is now part of the curriculum in close to 100 American Bar Association-accredited law schools.

For those pet owners who have lost a pet due to someone else's negligence, insurance claims may be a more effective alternative to filing suit. Still, other states are looking at the Tennessee law and considering similar legislation to allow for damages for emotional distress. This may be contributing to the increase in the number of veterinary malpractice suits, as well as the " nuisance " payouts insurance companies use to make those suits go away. While payouts generally run $3,000 to $5,000 per case, this is a ten-fold increase from payouts in similar cases 20 years ago. But if the laws change, expect those amounts to skyrocket--and expect to pay the price, in increased costs of everything from pet food and supplies to pet grooming, training, and boarding. With the increase in the likelihood of lawsuits having ever larger monetary awards, businesses that cater to pets will have to increase their expenditures in things like insurance to protect themselves, with the costs being passed on to the consumer.

If you have caused the death of an animal, it's likely your existing insurance policies will cover you for now. Auto insurance will handle those issues where your vehicle was involved; homeowners' insurance will cover what you or your pet do to someone else's pet or property. But again, as award amounts increase, look for your premiums to go up to offset the additional outlay the insurance companies expect to pay out.

If your pet has been killed or injured, the burden of proof is always upon the plaintiff. The more information you have concerning proof of damages, the more likely you'll recover. The Animal Defense Fund recommends keeping a file on each pet with the following information: All vet bills, including routine visits; documentation outlining your pet's unique or special abilities, including pedigree papers, training certificates, and photos (before and after); documentation of your relationship with the animal, including photos of time spent with the pet and names/addresses of witnesses who can testify concerning the pet's importance to you and your family; and documentation supporting your claim as to the cost involved to replace your pet.

Because of their impact on our personal and social lives, pets are being viewed less as property and more as friends and companions. As that status changes, the value we place on our pets will increase, as will the cost for those who own them and those that provide goods and services for them. However, for many of us, the additional expense that may be incurred will be more than worth it to keep our animal friends by our sides.

» left by Bianca from San Antonio, TX (1 year 141 days ago.)

My year old Doberman, Gunner, was killed in my back yard due to a neglegant teenager who was racing lost control and flew into my back yard. My poor pup didn't see it coming. I received him as a gift Christmas 2009 so this Christmas was so hard being without him. I don't even want my kids outside because they can no longer got outside to play with Gunner. Any advice? SAD-SAN ANTONIO, TX

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