The outdated legal view of dogs as easily-replaceable “property” — worth no more than you paid for them — is slowly beginning to catch up with the times.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
Among the honors the documentary “100,000” has received is an Emmy award. Director Juan Agustin Marquez is shown here accepting it, and asking Puerto Ricans to take a pledge.
“We set out to change the world with this film, starting with our island, Puerto Rico,” he said.
“100,000 represents the specific number of dogs who live in the streets of our island nation. But the .. title of the film is more complex than that. What I truly wanted was to reach 100,000 people, humans, with the message of the film. I wanted 100,000 people to sign a pledge at the endof the film to learn about humane treatment for animals, especially dogs — to pledge that they will take care of their pets for as long as they live.
“We have a long way to reach our goal, but I will not rest until I get my 100,000 people to pledge to Puerto Rico’s dogs.”
Here is the pledge.
“100,000,” unfortunately, isn’t available for purchase, and it has yet to appear on American television.
But there is a way to see it, with English subtitles. The director says on the documentary’s website that he will provide a private link to watch it to those who email him. The email address is: email@example.com.
Posted by jwoestendiek January 6th, 2012 under Muttsblog, videos.
Tags: 100000, abandoned, abused, animal cruelty, animal welfare, animals, award, beach, beaches, director, documentary, dogs, education, emmy, juan agustin marquez, movie, neglected, pets, pledge, puerto rico, responsibility, stray dogs, strays, street dogs, view, watch
About three weeks into my stay in the mansion basement, I realized I had access to more than just the handful of channels I was getting on my small TV – that simply by reprogramming the remote I could get more than 100. Three weeks after that new horizon opened up, there is only on channel number I have memorized, the one for HGTV. (It’s 69 on my dial.)
When I’m eating lunch, when there’s a lull in my day, when I need to step away from the keyboard and let my carpal tunnels reopen, I tune in Home and Garden Television and watch designers upgrade homeowner’s kitchens, or install a media-filled “man cave” in the basement, or turn a bedroom — from blah to ahhhh, from drab to fab – into a serene and spa-like paradise.
At the end, the homeowners get to see the transformation and say “ohmigod” a lot.
In other HGTV programming, shows follow people — young couples usually — as they search for a new home altogether, viewing three homes and then making their choice.
The part of it I like, when it comes to the design shows, is watching a project from conception to fruition, with, of course, the final touch of colorful accessories that really make the whole thing “pop.” It appeals to the Virgo, or something, in me. With the househunting shows, I like guessing which house the couple will pick (I get it right every single time), and predicting how long the marriage is going to last.
(When you can’t agree — or at least rationally discuss – something as simple as hardwood floors versus Mexican tile, your union’s days are numbered.)
Each episode of “Househunters” ends with a visit, a few months later, to the couple in their new home, into which they have comfortably settled and fixed those things they found most intolerable — whether it be wallpaper that is “too busy” or the devastating lack (it’s a cruel, cruel world) of granite countertops and stainless steel appliances.
Then – and this explains a lot of why I’m hooked – as soon as one episode ends, another begins, with no commercial break … “Tom and Nancy have outgrown their modest home in Modesto, and, with another baby on the way, need someplace larger, with a large master bedroom, an en-suite bathroom and a fenced yard for their dachschund, Scooter.”
That’s all it takes. Based on that simple plot introduction — and my need to see the tidy outcome – I’m in for another 30 minutes.
Why every station doesn’t do the no-commercials-between-episodes thing – it’s sort of the TV viewer equivalent of chain smoking — is beyond me.
I think another part of the HGTV addiction – in addition to having crushes on at least two of the designers (Howyadoin’, Genevieve?) — is that the urge to nest is growing stronger in me, after nearly a year traveling the country with my dog, living out of suitcases and staying in too many Motel 6′s.
I don’t know if urge to nest is making me watch HGTV, or if HGTV is adding to my urge to nest, but I definitely have an increasing desire to have a box of my own, put my stuff in it, make it functional and decorate it with some colorful accessories that really make it pop.
There is a third factor, I think, to the addiction. Watching HGTV makes me mad, and we, for some reason, like to watch people who make us mad — hence the success of shows like Survivor, and The Apprentice, and all those “real” housewives with artificial parts, not to mention sensitive bachelors willing to probe the souls of multiple women in search of their true lifemate.
On “Househunters,” there can be a perfectly cute and loveable young couple — the kind I could be friends with — that I instantly start hating the moment one of them turns up their nose at a laminate wood floor, or a stove and refrigerator that are, gasp, white. They seem convinced they can’t find true happiness without granite countertops.
The wealthier and pickier they are, the more I hate them, and want to send them to go work for the Peace Corps for a couple of years.
I find myself getting infuriated even more by “Househunters International” where homebuyers, usually seeking a second home, say, in the south of France, are forced to confront the bitter reality that there is only one walk-in closet, or that the ocean view from the Mexican villa they are looking at is slightly blocked by a palm tree.
Part of it, I’m sure, is jealousy — the fact that my financial situation for the moment precludes stainless steel appliances, the fact that a commodities broker, whatever the heck that is, can afford a $2.3 million second home while I can barely afford a commode.
Then again, maybe these people aren’t so greedy, and this is just another stereotype that HGTV, by taking things out of context, is reinforcing — that of the spoiled rotten gimme generation.
For sure, HGTV reinforces gender stereotypes. With every househunting couple, the woman demands walk-in closets and, generally, jokes about maybe giving her husband a little space in it. Just as the female needs closet space, the male needs a man cave, where he can watch sports on a large flat screen TV, play video games, have the boys over for poker and otherwise avoid the wife, who’s probably out buying shoes anyway.
Just once I’d like to see a man who wants a space to work on his scrapbooking, or a woman who’s interested in a barbecue pit.
It’s the use of the term “price point.”
I don’t know if HGTV invented this term, or if it’s something real estate agents came up with to make their jobs seem multi-faceted and complex, as opposed to something a monkey could do. For centuries, the word “price” worked just fine. Now, we have “price point,” as in ”You’re not going to find anything else like this at this price point.” Or, “granite countertops are rare at this price point.”
I don’t think just cutting back on HGTV will work for me. I think the only solution is clean and total break (sorry, Genevieve) — a moratorium on HGTV. Like onion dip and coffee, it seems I can’t be happy with just a little of it. Instead, it makes me — much like the stainless-steel-appliance-seeking homebuyers — want more: More episodes, more closet space, more upscale home furnishings, and of course more colorful accessories that will really make things pop.
Posted by jwoestendiek April 11th, 2011 under Muttsblog.
Tags: accessories, addict, addicted, addiction, buying, couples, decorating, designers, families, furnishings, genevieve, gimme, granite countertops, greed, hgtv, home, home and garden television, homebuying, house, houses, nest, price point, pricepoint, property, real estate, renovation, spaces, stainless steel appliances, television, travel, traveling with dogs, travels with ace, tv, view
Ace will clamber right up on a picnic table. He’ll settle on a park bench just like a human. And when it comes to public sculpture, he will – with the slightest encouragement and if there is room — climb aboard as well.
So with no disrespect to the artists intended — actually quite the opposite — here are some photos of Ace, who is feeling much better, thank you, posing on and in public sculpture in Seattle.
Being, in my view, a work of art himself, Ace only adds to the artists’ works, breathes new life into them, and, hey, they are public. If they were fenced off, of course, we wouldn’t trespass upon them, I’m pretty sure.
Above and to the left is “Changing Form,” by Doris Chase, located in Kerry Park in Seattle’s Queen Anne neighborhood .
I’d like to think that Doris, who died two years ago, would have no problem with Ace climbing into her 15 foot tall steel sculpture — that she and other creators of outdoor art would actually want people to touch and climb on and fully experience (except for peeing, which Ace didn’t) their works.
The sculpture consists of stacked geometric shapes with cutouts opening to views of downtown Seattle. (The view of the skyline from Kerry Park is a famous one, and also served as the view from Frazier’s condominium on the television show.)
Chase, a Seattle artist who later became known for her pioneering work in video art, finished the sculpture in 1971. The piece was commissioned by the daughters of A. Kerry, the benefactor who gave the city Kerry Park.
This donut-looking work is “Black Sun,” by Isamu Noguchi, a prominent Japanese-American artist who died in 1988.
It’s located in Seattle’s Volunteer Park, where tourists frequently photograph it with the Space Needle showing through the hole.
We managed to capture the Space Needle and Ace, who, though he would have preferred a real giant donut, still eagerly approached and jumped up on the sculpture.
I suspect that doggy types will have no problem with Ace climbing up on treasured works of art, and that artsy types might view it as rude, and that doggy-artsy types will have mixed feelings.
There was one statue Ace didn’t have a chance to climb aboard. The artist beat me to the punch. It already sported a canine – a coyote, to be precise.
This statue of a coyote standing atop a cow used to be in Pioneer Square in Seattle. It now calls a sidewalk in Kirkland home.
It was the first statue cast by artist Brad Rude — a Montana born artist who grew up in Walla Walla and attended Maryland Institute College of Art.
He sculpted the life-sized cow and coyote in plaster while working at a foundry. When he asked the foundry owner for a raise, the owner volunteered to cast the cow and coyote in bronze.
Some people find the concept odd — a cow with a coyote standing on his back.
But it makes perfect sense to me.
Posted by jwoestendiek November 12th, 2010 under Muttsblog.
Tags: animals, art, black sun, brad rude, changing form, cow, coyote, dog, dogs, donut, doris chase, downtown, isamu noguchi, kerry park, kirkland, outdoor art, pets, public art, sculpture, seattle, sightseeing, skyline, statues, travel, traveling with dogs, travels with ace, view, volunteer park, washington
In case you get tired of watching your own dog — and if you ‘re like me, you never do — there’s always the Internet, where a visit to Ustream.tv will hook you up with a live cam show of these Jack Russell puppies, and much more.
You can check in with Madi, a sick Havanese (her temperature has dropped), a litter of Shiba Inus from San Francisco, some mastiff pups from Idaho, a gaggle of Chihuahuas in San Antonio and, of course, Grandma Beth’s bulldogs, who, I can report, made quick work of their dinner last night.
In addition to watching, you can also chat with fellow dog watchers.
All in all, as of last night anyway, there were 41 dog cams to choose from — many, if not most, of which seem aimed at selling pups, as opposed to just warming the cockles of your heart.
The Jack Russell show takes place just north of Syracuse, New York, and features a mom and her five pups. The father, Ollie, makes an occasional appearance.
The website offers about 75 other animal cams — everything from birds and fish to goats and squirrels.
Posted by jwoestendiek July 2nd, 2009 under Muttsblog.
Tags: breeders, cams, dog, doggie, dogs, internet, live cams, pup, puppy, sales, selling, streamed, streams, tv, ustream, view, watch, website
Pedigree, the dog food company, has put together a pretty funny Super Bowl ad — one that once again will be encouraging pet adoptions.
Here’s a sneak peak at the new ad, which will air during the Super Bowl on Sunday. (Don’t worry, it contains no graphic representations of vegetables.)
Pedigree, which took out an ad in USA Today late last year urging then President-elect Obama to adopt a dog, has also put together “behind the scenes” videos, related to the Super Bowl ad, which can be found at www.pedigree.com.
For each view of the “Crazy Pets” spot or the behind-the-scene footage between now and February 23, 2009 Pedigree will donate 8 ounces of dry Pedigree dog food to animal shelters, up to a total of $1 million.
Posted by jwoestendiek January 30th, 2009 under Muttsblog, videos.
Tags: ad, adoptions, advertisement, bison, company, crazy pets, dog, dog food, dogs, donation, ostrich, pedigree, pets, rescue, rhino, shelter, super bowl, super bowl ads, vidoe, view
A tract of land earmarked for a dog park in the Atlanta suburb of Sandy Springs is too nice for dogs, city leaders have decided.
The city had initially planned fenced-in enclosures for large and small dogs at the Great Park at Morgan Falls, an area north of the Morgan Falls dam.
Since then, city workers have cleared invasive bamboo from the bluff, revealing a stunning riverfront view, the Atlanta Journal-Constitution reports. Now, city leaders want to move the dog park somewhere else so they can develop the bluffs as an “elegant” oasis for families.
“We didn’t realize what we had,” said councilman Tibby DeJulio. “We realize this property is too valuable, has too much beauty. We can put the dogs any place.”
Boo. Hiss. Dogs and dog owners and families with dogs don’t enjoy a riverfront view? And how does a little, or even a lot, of bamboo keep a city from realizing it has stunning riverfront property? Sounds to me like somebody’s being bamboozled, and dogs are getting the short end of the stick.
Posted by jwoestendiek December 11th, 2008 under Muttsblog.
Tags: atlanta, bamboo, city, dog park, dogs, georgia, great park, morgan falls, parks, plan, property, reneges, riverfront, sandy springs, view