Emotional Damages for Pet Owners?
A case has recently gone before the Vermont Supreme Court about the value of a dog to its owner. The plaintiffs are asking the court to allow dog owners to sue for emotional distress and loss of companionship similar to when parents lose children. Their dog was shot and killed when he wandered into the defendants yard. The defendant claims he fired an air pellet rifle to scare the dog off the lawn of his home. He pleaded guilty to a misdemeanor and received a year of probation, 100 hours of community service and had to pay 4,000 in restitution to the plaintiffs.
The pet owners filed a civil suit claiming that the value of the case is worth more than the cost of adopting him from the animal shelter, and the cost of the resulting veterinary bill and cremation. Most courts across the country do not allow for the type of recovery that they are seeking. In fact, the Vermont Supreme Court recently denied a plaintiff’s request for emotional distress from the death of her cat who died from a veterinary medication error. These pet owners however, differentiate their case claiming that the defendant acted with intent and malice.
Although this is a Vermont case and not an Illinois matter, this case will be interesting to watch. The court’s ruling could affect the outcome of similar matters across the country in the future. Although I can relate to the pain that some owners may feel at the loss of a pet, it would be a huge step for the court to allow an emotional distress recovery such as this, that would put pet owners in a position that most grandparents are not when a grandchild dies.
