The outdated legal view of dogs as easily-replaceable “property” — worth no more than you paid for them — is slowly beginning to catch up with the times.
The latest indication of a change in judicial thinking came last week when California’s Second District Court of Appeals ruled that pets are fundamentally different than other forms of property.
“Given . . . the reality that animals are living creatures, the usual standard of recovery for damaged personal property — market value — is inadequate when applied to injured pets,” Justice Kathryn Doi Todd wrote in her opinion.
She added, “Animals are special, sentient beings, (and) unlike other forms of property, animals feel pain, suffer and die.”
The Court of Appeals ruling came in the consolidated cases of two pet owners — one whose dog was shot by a neighbor, and one whose dog was injured by veterinary negligence. Lower courts had ruled they were entitled to no more than the market value of their pets.
The appeals court decision reversed both cases. The new ruling permits owners of wrongfully injured pets to recover the “reasonable and necessary costs” of treating and caring for an injured animal, according to the Animal Legal Defense Fund (ALDF), which had filed amicus briefs in the case.
The first case involved a German Shepherd named Gunner, who was shot by a neighbor and whose leg had to be amputated, costing his family more than $20,000. The second case involved a Golden Retriever named Katie, whose intestine was nicked during a surgical procedure. The vet also left a piece of gauze in her body. The errors led to the dog having to receive emergency surgery that cost Katie’s family more than $37,000.
In both cases, the trial court limited the plaintiffs’ recovery to a fraction of what they spent to nurse them back to health — namely, their dogs’ market value.
“This decision is a significant step forward for companion animals and their guardians,” said Matthew Liebman, ALDF senior attorney. “The legal system is finally starting to catch up with how the majority of people feel about the animals with whom they share their lives.”
Posted by jwoestendiek October 29th, 2012 under Muttsblog.
Tags: aldf, animal, animal legal defense fund, appeals, court, courts, dog, dogs, german shepherd, golden retriever, gunner, injuries, judicial, kathryn doi todd, katie, law, lawsuits, legal, market value, pets, property, ruling, value, view, wrongful
Gunner, though he hasn’t seen much of it, is — from all appearances — tired of war.
Out of the 58 bomb-sniffing dogs the Marines have in Afghanistan, only one—a yellow Lab named Gunner— is suffering from such severe canine post-traumatic stress disorder that he’s having to sit things out, remaining behind at his base camp to quiver in his kennel, the Wall Street Journal reports.
The Marines call him “combat-ineffective” and “not mission-capable.” He’s refusing to go into battle and perform the war-time deeds he was trained to do, which makes him a liability, in the eyes of the Marines.
Like their human comrades, some war dogs can handle combat, and some can’t, according to the Journal piece (which includes a slideshow of Gunner in action, or, more accurately, in inaction).
Gunner graduated from bomb-dog school in Virginia, but the Marines say he was skittish even before he arrived in the combat zone in October and was posted to a front-line battalion. He reacted so nervously to gunfire that he never even got a chance to go on a real patrol.
He’s not the first dog to decline to perform his duties. Another Lab refused to associate with the Marines after seeing a serviceman shoot a feral Afghan dog. It took weeks of retraining, hours of playing with a reindeer squeaky toy and a piles of praise before Zoom was willing to go back to work.
Capt. Michael Bellin, an Army veterinarian working with the Marines, says he’s seen canine post-traumatic stress disorder cases before. “I think it’s possible, depending on what they went through.”
Gunner was sent to the main kennel at Camp Leatherneck, where bomb dogs recuperate from illness or injury. For weeks after he arrived, Gunner refused to leave the kennel compound. Even now almost any sound sends him into a panic. If a shipping container door slams somewhere nearby, Gunner hunches down and bolts for an open cage door. If an artillery round goes off in the distance, he races into the tent of kennel manager, Cpl. Chad McCoy.
The corporal doubts Gunner will ever be fit for combat; instead he’s trying to get him to get over his fears enough to make him adoptable back home.
(Photo: Wall Streee Journal, Bryan Denton)
Posted by jwoestendiek March 6th, 2010 under Muttsblog.
Tags: afghanistan, animals, bomb, camp leatherneck, canine, combat ineffective, detecting, detection, dog, dogs, gunner, K-9, k9, labrador, marines, news, pets, post traumatic stress, stress, war, yellow lab