• DVM360_Conference_Charlotte,NC_banner
  • ACVCACVC
  • DVM 360
  • Fetch DVM 360Fetch DVM 360
DVM 360
dvm360 | Veterinary News, Veterinarian Insights, Medicine, Pet Care
dvm360 | Veterinary News, Veterinarian Insights, Medicine, Pet Care
By Role
AssociatesOwnersPractice ManagerStudentsTechnicians
Subscriptions
dvm360 Newsletterdvm360 Magazine
News
All News
Association
Breaking News
Conference Coverage
Education
Equine
FDA
Law & Ethics
Market Trends
Medical
Politics
Products
Recalls
Regulatory
Digital Media
dvm360 LIVE!™
Expert Interviews
The Vet Blast Podcast
Medical World News
Pet Connections
The Dilemma Live
Vet Perspectives™
Weekly Newscast
dvm360 Insights™
Publications
All Publications
dvm360
Firstline
Supplements
Vetted
Clinical
All Clinical
Anesthesia
Animal Welfare
Behavior
Cardiology
CBD in Pets
Dentistry
Dermatology
Diabetes
Emergency & Critical Care
Endocrinology
Equine Medicine
Exotic Animal Medicine
Feline Medicine
Gastroenterology
Imaging
Infectious Diseases
Integrative Medicine
Nutrition
Oncology
Ophthalmology
Orthopedics
Pain Management
Parasitology
Pharmacy
Surgery
Toxicology
Urology & Nephrology
Virtual Care
Business
All Business
Business & Personal Finance
Hospital Design
Personnel Management
Practice Finances
Practice Operations
Wellbeing & Lifestyle
Continuing Education
Conferences
Conference Listing
Conference Proceedings
Resources
CBD in Pets
CE Requirements by State
Contests
Veterinary Heroes
Partners
Spotlight Series
Team Meeting in a Box
Toolkit
Top Recommended Veterinary Products
Vet to Vet
  • Contact Us
  • Fetch DVM360 Conference
  • Terms and Conditions
  • Privacy
  • Do Not Sell My Information
  • About Us

© 2023 MJH Life Sciences and dvm360 | Veterinary News, Veterinarian Insights, Medicine, Pet Care. All rights reserved.

Advertisement
By Role
  • Associates
  • Owners
  • Practice Manager
  • Students
  • Technicians
Subscriptions
  • dvm360 Newsletter
  • dvm360 Magazine
  • Contact Us
  • Fetch DVM360 Conference
  • Terms and Conditions
  • Privacy
  • Do Not Sell My Information
  • About Us
  • MJHLS Brand Logo

© 2023 MJH Life Sciences™ and dvm360 | Veterinary News, Veterinarian Insights, Medicine, Pet Care. All rights reserved.

Alaska high court allows actual value for pets

March 1, 2002
Jennifer Fiala

Anchorage, Alaska- In a benchmark decision, Alaska Supreme Court justices rule that damages for the untimely loss of a pet can be measured by the cost of replacing it, or more specifically, an animal's actual value.

Anchorage, Alaska- In a benchmark decision, Alaska Supreme Courtjustices rule that damages for the untimely loss of a pet can be measuredby the cost of replacing it, or more specifically, an animal's actual value.

The case Mitchell v. Heinrichs involves a dispute over the shooting deathof a dog. In July, the high court affirmed the dismissal of a dog owner'semotional damages claim, but in turn, remanded the case back to the trialcourt, allowing her to sue for actual value, court records show.

Actual value determinants can include the cost of an animal's replacementand such investments as training and veterinary fees. In cases of purebreds,courts might also recognize the animal's breeding potential that's lostafter death.

State veterinary officials such as Paul Frederickson, secretary for theAlaska State Veterinary Medical Association, say they've never heard ofa case like this. Traditionally, courts decide that damages can be determinedonly by the animal's fair market value, or its worth at death, which usuallyamounts to $20 or $30 for adult companion animals.

Penn. law allows emotional damages

But in Pennsylvania, the Third Circuit Court of Appeals recently ruledagainst the system, ignoring precedent set by the Wisconsin Supreme Courtand a Kentucky appellate court when it determined a pet owner can recoveremotional pain and suffering damages for the intentional killing of a pet.

In Brown v. Muhlenberg Township, the U.S. Court of Appeals, applyingPennsylvania law, ruled a dog owner can recover emotional damages when apolice officer shot the dog in the owner's presence, killing it.

At the same time, courts in New York and Michigan also have heard recentemotional pain and suffering cases and promptly dismissed them.

Advertisement

"There is no doubt that pet owners have become so attached to theirfamily pets that the animals are considered members of the family,"the New York decision says. " However, the law is clear that pet ownerscannot recover for emotional distress based upon an alleged negligent ormalicious destruction of a dog, which is deemed personal property."

What it means for DVMs

While there's no national standard on how pets are viewed in courts,allowing awards for more than their fair market value could make veterinariansand insurance companies easy marks for huge legal costs in terms of malpracticeclaims.

For that reason, the American Veterinary Medical Association's (AVMA)human-animal bond committee plans to meet with an attorney this month todiscuss issues associated with evaluating the worth of companion animals.

The goal, says Dr. Gail Golab, AVMA assistant public affairs director,is to draft a formal position on the issue, which could be presented tothe group's Executive Board in April.

"There are obvious ramifications for the profession," Golabsays. "There are a number of different approaches already in the courtsright now. The committee is taking a careful approach to this issue becauseit's extremely important to veterinarians."

Related Content:

Regulatory
USDA aims to strengthen handling regulations for exotic animals in exhibition
USDA aims to strengthen handling regulations for exotic animals in exhibition
What you need to know about GFI #256 and the changing landscape of compounding medicine
What you need to know about GFI #256 and the changing landscape of compounding medicine
3 common misconceptions in controlled substance regulations
3 common misconceptions in controlled substance regulations

Advertisement

Latest News

Thriving when life is hard

Hospital design expert shares his favorite design element

Updated EquiTrace app integrates wth HISA Portal

San Francisco SPCA receives $100k grant from San Francisco Foundation

View More Latest News
Advertisement