When a Dog Is Injured or Killed

What if your dog has been injured or killed by a negligent party?

The law has established that your dog’s value is generally the replacement value of your dog, but this amount is often inadequate. A dog’s replacement value does not come close to compensating for the emotional pain you deal with in the aftermath of losing a family pet. The United States’ civil justice system can award damages to family members who have lost a loved one in the form of pain and suffering.

Does the law need to change regarding compensation for the emotional damages of a dog’s injury or death? What have past court battles shown?

A class-action involving pets’ and people’s suffering

For example, take the 2007 case of a melamine pet food recall following an investigation by the FDA which found contaminants in vegetable proteins used as ingredients in pet food. As a result, dogs and cats were falling ill and even dying. Two Chinese nationals and their businesses, and a U.S. company and its top executives, were indicted by a Federal grand jury.

Over $12 million was awarded to over 20,000 claims spanning the United States and Canada.

Outside of this largest pet food recall in history, a legal issue arose about whether pet owners should be able to collect compensation for some or all of their losses. Not every plaintiff in the class-action was able to recover all of the veterinarian bills for emergency and ongoing care as their pets suffered, sometimes for weeks. Every pet owner is also responsible for their pets’ overall health; irresponsible pet care, as we’ve learned, is associated with dog attacks against people.

Are Pets Considered Property in California?

Nearly every state has had rulings that established domestic animals like dogs and cats were property. When property is destroyed, the owner is entitled only to replacement costs or fair market value. This belief in physical property also considers family pets something to divide up during divorce.

This has changed in California.

California’s Laws Regarding Injuries to Pets

California Civil Code SB-225 Section 3341.5 involves civil liability when a domesticated dog or cat is killed or injured. The law says that when a pet is injured or killed by negligent or intentional acts of a person or their animal, the owner is liable for non-economic damages not more than $4,000. These damages include companionship and affection towards the animal.

There are also “companion animal” laws in California which establish the valuation of certain pets, particularly ones with pedigrees, which are worth thousands of dollars more compared to mixed breeds.

California also has “exemplary” (punitive) damages available to be awarded under California Civil Code Section 3340, meant to punish those who “committed willfully or by gross negligence” wrongful injuries “to animals being subjects of property”. However, this does not compensate the owner of the injured animal.

Emotional Distress Damages From Injuring a Dog in California

In Plotnik v. Meihaus, plaintiffs were awarded economic damages for the veterinarian medical bills for treatment of their dog being struck by a defendant. In addition, however, non-economic damages for emotional distress tied to the mistreatment of their pet were also awarded. This decision establishes that both dog owners and their dogs can be beneficiaries of compensation when a person intentionally mistreats animals.

When a dog, cat, or even a person is killed, it is still difficult to prove the mental anguish and other intangible losses suffered. Expert witnesses on psychology and witness testimony will often be paramount.

As this legal issue progresses in California courts regarding entitlement to damages for the loss of the pet, time will tell about how existing laws may be affected.