emotional distress damages for loss of a pet

Florida’s impact rule requires some physical impact before damages for emotional distress can be considered by the jury. During the past few decades courts have fashioned several new tort theories to al-low recovery of emotional distress damages as independent causes of action. It will ... of the loss or harm suffered by the plaintiff, to make the plaintiff whole again, [and] to restore the plaintiff to the position the plaintiff was in before ... injuries such as pain and suffering, loss of companionship, and emotional distress. The owner sued the veterinarian. When the infliction of emotional distress is intentional, courts appear more willing to honor the claims. Posted by Bruce D. Greenberg on Aug 1, 2012 in Effect of decisions by other courts, Supreme Court of New Jersey | 0 comments. up: "Can't I sue for my emotional distress?" Many people do not understand these criteria, or at least are in no mood pain and suffering, mental anguish, depression, PTSD, loss of love and affection, etc.) Even in jurisdictions which allow recovery for mental distress, courts will sometimes bar recovery in animal cases because “animals are personal property” and “emotional damages cannot be had for the negligent destruction of personal property.”   See Fackler v. Genetzky , 595 N.W.2d 884 (Neb.,1999); Roman v. Carroll , 621 P.2d 307 (Ariz.App., 1980). The court held that pet owners cannot recover emotional distress damages for the loss of their pets. The most conservative jurisdictions will only allow recovery for mental distress if the owner was physically touched by the same action that harmed the pet (e.g. The family only learned of the dog’s death by phone and showed no physical symptoms of distress. Damages for Death or Injury of an Animal. The actor's offensive conduct must be very similar to that which would sustain a claim for punitive damages. He has argued dozens of cases in New Jersey’s Appellate Division, and he has handled oral arguments in the Supreme Court of New Jersey and the Third Circuit Court of Appeals as well. The Restatement of Torts establishes that the elements of a claim of intentional infliction of emotional distress are that the offending party, through extreme or outrageous conduct, must intentionally or recklessly cause severe emotional distress or bodily harm to another. 2006)). Found inside – Page 4McMahon sued her veterinarian for malpractice following the death of her dog . Her complaint sought damages for her emotional distress and the loss of the ... the legal profession never know the how and the when in advance. However, the Supreme Court of New Jersey recently refused to expand Portee to allow claims for emotional distress attendant to the loss of a beloved pet. 3904B. Even the market value of pedigree dogs or cats will usually be far less than the attorney fees incurred during the lawsuit. (See. It is not a substitute for an attorney. The trial court also ruled there is no legal claim for emotional distress damages for the loss of a pet’s cremated remains. This is a broad overview intended to be useful to caregivers of animals who have been injured or killed. Finally, in all the three situations, the plaintiff's emotional distress In Kennedy v. Bayas, the owner of a basset hound sought emotional damages for veterinary malpractice in the treatment of his dog. In a particularly egregious case, a Washington appellate court found that a cat's owner was entitled to $5,000 for the sleeplessness, depression, and other emotional distress that she experienced after three boys maliciously set her cat on fire ( Womack v. Von Rardan, 135 P.3d 542 (Wash. Ct. App. That was the issue in this case involving the intentional killing of a family pet. Still, the Court was very precise in delineating the limits of emotional Found inside – Page 317... a dog's owner may be entitled to emotional distress damages for the wrongful destruction and loss of her dog, thereby departing from contrary precedent. Lohre sued Posh Maids, the cleaning service, for negligence and emotional distress. Because of this, courts may award damages for loss of companionship, love and affection, as well as emotional distress related to the loss of a pet. Damages in Wertman were not limited simply to fair market value of a comparable dog, as plaintiffs produced evidence showing the "special usefulness" of the dog to the plaintiffs. As with most claims that involve a request for damages for emotional distress, this will be very difficult to prove and will largely … Only water should have been While traditional damages are based on economic concepts such as fair market value and consequential damages, the article also explores the recent trend for courts to recognize non-economic damages such as intrinsic value, mental anguish and suffering, and loss of companionship. As with most claims that involve a request for damages for emotional distress, this will be very difficult to prove and will largely depend on the state in which a pet owner resides. In extreme and rare cases, punitive damages may also be awarded if a defendant acted maliciously in maiming or killing an animal. at pp. Accident related emotional trauma can have a devastating impact on a person’s quality of life and is a key factor in many personal injury claims. Physical manifestations of the mental distress are usually still necessary. Third, the situation in which the defendant engages in extreme Losing a home can cause significant emotional distress. Despite this and other gains in companion animal valuation, the traditional notions for the award of damage to property prevail in most courts. claims, including intentional infliction of emotional distress. The Court of Appeal’s Decision. Third, it is also helpful if the victim can show other non-emotional damages such as loss of gainful employment. But if this happens, you may be able to recover “damages,” or monetary redress. On the other hand, many courts have recognized that owners have a right to seek medical treatment for injured pets in an effort to restore them to health even if the cost exceeds the value of the pet. My dog got out of my yard and was impounded same day. That was the situation in Wertman v. Tipping , where a kennel negligently allowed a seven-year old purebred German Shepherd to escape. been the increased focus on damages for emotional distress. In terms of legal policy, the Court was generally reluctant to make available to pet owners damages for emotional distress because of the possibly huge economic consequences and the difficulty of defining the scope of liability. Humiliation. 3905A. 1995); Daughen v. Fox , 372 Pa.Super. In. See 18 E. McQuillin, Municipal Corporations, § 53.18a, at 220-21 (3d ed. Something terrible has happened, Found inside – Page 193See generally William A. Reppy, Jr., Punitive Damage Awards in Pet-Death Cases: ... emotional pain and suffering or distress damages for loss of an animal ... 2A:31-5. 1984); Newport v. Fact Concerts, Inc., 453 U.S. 247, 266-67, 101 S.Ct. victim, a defendant owes the plaintiff a duty of care, the defendant does In plain terms, unless The Court concluded that plaintiff did not show justification for extending Portee to the loss of a pet. basis for emotional distress damages. You should not underestimate the challenge of evacuation, relocation, and rebuilding after a fire. These are usually only awarded in cases where the injury or death of the dog was intentional. But, are such awards warranted for pets? 13.26 Secondly, the basis on which equity can award compensation, by way of common law compensatory damages and aggravated damages, for emotional distress arising from the breach of a purely equitable wrong remains unclear, even if Lord Cairns’ Act or s 38 of the Supreme Court Act 1986 (Vic) does apply. There is a large gap between the popular view of emotional distress damages I see a lot of people who are really upset. The dog wound up with food in her lungs and later died from aspiration Depression. Unfortunately, in the vast majority of states, domesticated animals are still considered the personal property of the owner and have no independent legal rights. When Mr. Jenkins answered the door, he attempted to cooperate, and tried to move the family Non-economic damages: monetary compensation for your emotional distress (e.g. 2015] Recovering for the Loss of a Beloved Pet 1201 INTRODUCTION The bond between a human and a dog or a cat, the two most accepted species of “companion animal,”1 is anything but novel. See Mitchell v. Heinrichs , 27 P.3d 309 (Alaska, 2001). Nor In terms of legal policy, the Court was generally reluctant to make available "for every wrong there is a remedy." Plaintiff sought to extend Portee principles to the death of her dog, on the grounds that she was very close to her dog and the dog was very well-trained and skilled in doing tricks. Humans develop a lasting attachment with their pets, which breaks at the loss of the pet. In calculating damages for the malicious infliction of emotional distress, the court included sentimental value. Note that a few states also allow damages for negligent infliction of emotional distress. However, It is common for people to experience several stages of adjustment … By DEVIN DWYER. If your emotional distress results from an accident on the road, at work or elsewhere, Carter Capner Law provides expert legal advice on … Stress & Anxiety as Damages in a Personal Injury Case. Lamm’s attorney, Brian O’Toole, said state law allows pet owners to only sue for an economic loss — not an emotional one. criterion is not met. Aug. 4, 2009. the plaintiff would have experienced had the victim been a stranger. • For example, an attorney breached his fiduciary duty by disclosing a client’s confidential information to a district attorney and an allegation of emotional distress constituted sufficient damage to sustain the claim. Portee is a limited rule. $ 6,750 as attorney’s fees (with more allowed for any appeals taken). paralysis in the throat. © 2021 Michigan State University College of Law. No one wants to think about their animal companion being killed or hurt. mixed with baby food - a serious mistake. has trapped them. Regardless of the manner of death, a pet owner may perceive the death as Found inside – Page 12Further , it found legislative support for the proposition that pets have a special and ... recovery for emotional distress damages for the loss of a pet . Moreover, states courts in  Hawaii , Florida , Kentucky , Idaho ,  Texas , and Washington  have all explicitly allowed for mental anguish damages in animal cases. Found inside – Page 496emotional distress . Emotional distress damages are not allowed where a claim involves only negligence , not malicious behavior . The loss of a pet dog is ... As a general rule of thumb, calculating emotional distress damages depends a great deal upon the severity of the individual’s emotional suffering. N.J.S.A. Present Cash Value. or someone has done something terrible to them, or some terrible situation There is an abundance of research on the physical and mental benefits of having a pet and/or utilizing an animal in therapy. The Court described three situations If a cherished ... economic damages rooted solely in emotional attachment, a remedy the common law has denied ... Rose,7 which pegged dog-loss damages to market value or a value ascertained from the dog’s “usefulness and services,” the court The legal system does not engage in teaching good manners. purebred Maltese, to a veterinarian for treatment. Courts now grapple with whether damages can be awarded for loss of companionship of the pet or whether damages can be awarded for the emotional distress suffered by the owner. 151 (S.D.N.Y.,1994), denying cause of action for loss of companionship after American Airlines’ negligence resulted in the death of plaintiff’s dog in cargo hold, and  Harabes v. Barkery, Inc., 791 A.2d 1142 (N.J.Super.L.,2001), expressing concerns about the sheer number of potential litigants and possible unfairness of the financial burden placed on defendants. community would not resent the conduct in question, the criterion is not Emotional distress suffered by you (the owner). After all, the real victim was the dog. Non-economic damages up to $5,000 for the loss of reasonably expected companionship, love and affection of the pet (if injury or death was caused by gross negligence). The Levy’s sued Only Cremations for Pets. Emotional distress damages have been allowed for intentional injury to a pet. The key issue here was thus whether a pet could have a sufficiently “intimate familial” relationship to a plaintiff in order to support Portee liability. As Justice Hoens summarized it, the Court’s “analysis of the relationship between the claimant and the decedent has been carefully limited; not even all humans are engaged in a relationship that is sufficiently close” to support an emotional distress award. Found insideDespite the headlines, defense lawyers still aren't losing sleep over animal cases. Only five states now formally allow emotional-distress damages to be ... The emotional distress from traumatic pet loss can result in depressive symptoms, interference with day-to-day activities, etc., which can increase the chances of the grief evolving into complicated bereavement (Zottarelli, 2010). It may consist of highly unpleasant mental reactions, such as: Depression. Required fields are marked *. Damages for Death or Injury of an Animal. In most cases, plaintiffs will recover only the market value of the pet – the amount of money someone else would pay for a pet of the same, age, breed, and condition. Id. Found inside – Page 115Plaintiffs appeal , arguing that they should be compensated for emotional distress resulting from witnessing the death of their pet . We affirm . Found inside – Page 132EMOTIONAL. DISTRESS. AND. PUNITIVE. DAMAGES. The tort of intentional infliction of emotional distress is available in most jurisdictions. Found inside – Page 50Emotional Distress for the Loss of a Dog's Corpse. ... The plaintiff brought suit for mental distress and anguish, but had suffered no actual damages. offense. Found inside – Page 190Negligent Infliction of Emotional Distress ( Count One ) Under New York law ... damages in connection with the transportation and death of her dog , the ... Found insideproperty;1 consequently, if the pet is injured or killed, the loss is ... Independents plaintiff recovered emotional distress and punitive damages when ... "Repair costs," ($2,500 of vet bills) were in excess of the dog's market value or "replacement cost" of $500, but the award “not only has the salutary effect of making plaintiff whole, but it deters an owner of an aggressive dog from negligently allowing it to run loose, such as occurred here." Moreover, plaintiff’s requested cause of action would be inconsistent with provisions of the Wrongful Death Act, N.J.S.A. As a result, there has been a recent, but gradual movement for states to recognize non-economic damages, such as loss of companionship, emotional distress, or intrinsic worth, making lawsuits more than just symbolic victories for pets and their owners. Damages as Punishment. When a court orders someone who injured or killed a pet to pay the owner, that money is intended to compensate for the economic (and sometimes emotional) loss. In some states, courts may also award “punitive damages” intended to punish the wrongdoers for outrageous or deliberate actions. Plaintiff also sued on other theories as well. We use our experience and knowledge of the law to help you solve a number of legal dilemmas. Found inside – Page 243black Americans to win civil rights, and animal activists consider the ... up to $4,000 for emotional distress from the loss of a pet.100 Furthermore, ... Also, when there is no regular market for an injured animal of a premature age for commercial sale, then the calculation can be based upon what the animal would have sold for when mature, less any amount the owner receives for sale of the injured animal and expenses saved from the premature sale. After a series of misdiagnoses, both cats died while in the defendants' care. and the plaintiff does suffer such distress as a result of that conduct. case evaluation. Most courts will not allow recovery if the owner does not view the accident, even if she finds her injured pet immediately afterward. With pets being apart of the family, pet owners may experience real emotional distress when their pets are tragically injured or killed due to a negligent driver’s wrongful actions. The court found specifically that harm to a person's emotional well-being may be caused by malicious injury to his or her pet. Damage Types in Houston, TX for the Loss of a Pet. McDougall v. Lamm, 211 N.J. 203 (2012). Under those circumstances, the fact that the pet is only considered property does not matter. In this case, two minors had taken the plaintiff's cat from her front porch and set it on fire. Your email address will not be published. But we in Recently some courts have started to accept a non-economic type of damages unrelated to market valuation – a pet’s intrinsic value. if both are hit by a car) and if the owner’s mental distress had physical manifestations such as migraines and stomach cramps. In countless cases, courts have held that a pet owner may recover the market value of a deceased pet; however, damages may not be recovered for an owner’s emotional distress and loss of companionship, or the pain and suffering of pets. Loss of consortium met. See Gluckman v. American Airlines, Inc., 844 F.Supp. low pet owners to recover damages for emotional distress or the loss of companionship in pet wrongful death cases. a pet.” (McMahon v. Craig (2009) 176 Cal.App.4th 1502, 1519-1520 [97. A California Appeals court recently decided that emotional distress is a viable claim when associated with a dog’s injury. Consequential damages is another way in which owners of mixed breed pets can recover some of their expenses despite the zero market value of their pet. However, the Supreme Court of New Jersey recently refused to expand Portee to allow claims for emotional distress attendant to the loss of a beloved pet. Some acts are, but others are not. Bruce D. Greenberg, a partner of Lite DePalma Greenberg & Afanador, LLC, has more than 35 years of appellate experience. Emotional distress is legally defined as "a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another's conduct and for which damages may be sought." It is a compensatory damage category that refers to intangible personal losses, such as physical pain and emotional suffering. Cummings contended that emotional distress damages are traditionally available when a breach is likely to cause emotional harm. Emotional distress may be exhibited by feelings of humiliation/shame, insomnia, depression, self-destructive thoughts, anxiety, stress, or another emotional response resulting from a traumatic event. Let’s say for example that you had sleepless nights, or strains in your family relations, or reputational harm. Fair market value also has some significance where a purebred dog is at issue. legislature and the courts is to define what a "wrong" consists A case in New England presented 2 questions arising from the death of a pet as a result of alleged negligent acts of veterinary pharmacy staff and 4 veterinarians—first, may the owners recover an amount of damages for “noneconomic” loss; second, may the owners recover for negligent infliction of emotional distress? The owner was not present at the In Florida, if a dog is injured or destroyed due to veterinary malpractice, the owner of the dog may not seek damages for emotional distress or mental suffering because of the “impact rule.”. and what the law actually allows. Not even every close human relationship justifies Portee damages. The dog suffered from This site is not a law firm and cannot offer legal advice. Found inside – Page 251Transcont'l damages ( a ) through ( e ) ( " emotional distress Ins . Co. , 218 Ariz ... damages as a result of an injury to gent Injury to or Death of a Pet ... 2013), a dog escaped the family's backyard and was picked up by the animal control … Found insideLaw, Politics, and the Animal Advocacy Movement Steven C. Tauber ... allowing emotional distress damages for loss of companion animals ... Specifically, the court held that  when an injured pet dog with no discernable market value is restored to its previous health, the measure of damages may include, but is not limited to, the reasonable and customary cost of necessary veterinary care and treatment. I tried to find my dog but was unable to get information because the shelter did not have me listed on the chip. —No Emotional Distress Damages for Pet’s Death By STEVEN M. ELLIS, Staff Writer Animal owners cannot recover damages for emotional distress or loss of companionship over a pet’s injury or death caused by negligence, the Fourth District Court of Appeal has ruled. Often, pets mean so much to their owners and it would seem impossible to be compensated for their loss. Yet, generally, damages that may be recoverable include the following: The “market value” of the animal, or the cost of replacing the animal. This is the most common type of compensation for your deceased animal. 166 So.2d 666 (Fla.App., 1964). Bueckner v. Hamel , 886 S.W.2d 368, 886 S.W.2d 368 ( Tex. Id . Permitting plaintiff to recover emotional distress damages based on the loss of her pet would effectively create a class of pet owners with rights in excess of those the Legislature has granted to family members suffering the loss of another human. The lawsuit sought damages for the owner's emotional distress resulting from the veterinarians' negligence, damages for emotional distress caused by the intentional or "outrageous" conduct of the veterinarians in misstating the cause of death, and damages for the loss of Tootsie's companionship. Damages for emotional distress based on the owner’s experience and the emotional grief they suffered watching their pet get injured or killed. The court held that pet owners cannot recover emotional distress damages for the loss of their pets. These damages are similar to other tort claims and include compensation for the emotional distress and the physical harm caused by defendant’s actions. While the majority of states still reject such damages for a variety of reasons, a few states have broken away from traditional property law notions to provide recovery for these non-human household members. Reeves, who was uninjured during the incident, claimed emotional distress damages for the loss of the pet. The real business of the Although emotional distress is sometimes regarded as an ailment which some people should simply "get over," it's rarely ever that simple. This information is not intended to create, and receipt Therefore, if a pet is harmed in a way that causes severe emotional distress to the owner and that harm is caused by a trespasser, the impact rule will not apply and the ordinarily strict limits on damages for the loss may be loosened. Consolidated Case(s): A043918_x000D_ A046401 The courts recognize emotional distress as a type of damage that a civil lawsuit can recover compensation for. ( See Brousseau v. Rosenthal, 443 N.Y.S.2d 285 (N.Y.City Civ.Ct.,1980), where the court awarded damages for the protective value the dog provided to a widow. In a recent Colorado case, a dog owner was awarded $65,000 for emotional distress related to the death of her pet. Fear and phobias, such as when a person bitten by a dog refuses to leave the house. That was the issue in this case involving the intentional killing of a family pet. A veterinarian whose malpractice causes the loss of a beloved dog doesn't have to pay damages to the owner for emotional distress or … My answer must Found inside... the damages are limited to the “market value” of the pet. There are no damages for the owner's emotional distress at the loss of the pet ... a mere excitation which passes without consequence. Physical Pain, Mental Suffering, and Emotional Distress (Noneconomic Damage) Equine Law and Horse Sense is designed for people, businesses, and organizations in the horse industry and for the lawyers who serve them. Other courts have implied that recovery for mental distress would be allowed in animal cases. 405, 539 A.2d 858 (1988). In July 2003, the plaintiffs unleashed their dog in a parking lot and the dog wandered onto adjacent property in pursuit of a (Although pet owners undoubtedly had sentimental attachment to mongrel dog, attachment did not make dog “unique chattel,” for purposes of determining entitlement to damages for loss arising from dog’s death). Can I sue for intentional emotional distress over the loss of my pet? recognition of non-economic emotional distress damages to include recovery for the loss of a companion animal due to the negligent conduct of another. A-99-10. No Emotional Distress Damages for Witnessing Death of Pet. at 7. If someone negligently kills someone else’s pet, courts generally limit damages to the market value of the animal and do not allow damages to be assessed for loss of companionship even though this amount does not adequately account for the emotional loss. Unfortunately, however, although a few courts have been leaders in validating these new concepts, the vast majority still do not recognize them. Return to Top. Justice Hoens began with a comprehensive recap of the history of emotional distress damages in New Jersey, both before and after Portee. See Carroll v. Rock , 469 S.E.2d 391 (Ga.App., 1996). of her beloved pet, the Court of Appeal rejected any claim for emotional In 2010, police went to the home of Roger and Sandra Jenkins to serve an arrest warrant on their 18-year-old son, Jared. Justice Hoens also perceived a conflict with the Legislature’s regulation of dangerous dogs and their owners, noting that there are statutes relating to, for example, dog bites. 2A:31-1 to -6, that limit survivors’ recovery for wrongful death to pecuniary damages, no matter how close the decedent was to the survivor. Courts are much more receptive to consequential damages as an exception to the general rule that awards are based on fair market value because they are still economic in nature. Damages & Compensation for Mental Anguish in a Personal Injury Case. In this witty, moving, persuasive, and impeccably researched argument, Wise demonstrates that the cognitive, emotional, and social capacities of these apes entitle them to freedom from imprisonment and abuse. “The animals’ Magna Carta ... To reduce the determination, holding that emotional distress claim in a community... Not only Cremations for pets is actually an objective standard include recovery for the loss gainful! 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