Dog declared immediate family member by New York Judge

Trevor DeBlase and Nan DeBlase recently filed a lawsuit against Mitchell Hill last month after Hill's car allegedly struck and killed the DeBlase’s dog, Duke, after failing to stop at a stop sign. Nan DeBlase was crossing through an intersection with Duke on a leash when the accident occurred. In result of the lawsuit, the New York trial court allowed the claim of negligent infliction of emotional distress (NEID) to proceed in this case.

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When it comes to recovering monetary damages for a person’s emotional distress when the person is not physically injured, it can normally be very difficult. In New York, “bystander claims” have been limited to someone whose distress was caused by witnessing an immediate family member be seriously injured or die while also being in the “danger zone.”

In this case, the court had to determine whether a dog can be considered an immediate family member under the New York law for the purpose of NEID claims. Typically, this designation was limited to children, spouses, and grandparents with some possibility of other close relatives being included. Despite this case not involving veterinary medicine, both the New York State Veterinary Medical Society (NYSVMS) and the American Veterinary Medical Association (AVMA), filed a brief that opposes the noneconomic damages claim.

“The problem for veterinarians is that this lawsuit erodes the concept that pets are property. Once they are considered to be family members under the law, it could quickly lead to claims against veterinarians for emotional losses. Since these claims could be much larger, it could in turn lead to an increase in legal action against veterinarians and higher insurance rates,” NYSVMS said in its release.²

In Trevor DeBlase and Nan DeBlase vs. Mitchell Hill, the judge ruled that Duke qualified as an immediate family member, but only Duke was leashed to the body of the person who saw her family pet’s death or serious injury as well as she was also exposed to the danger. The judge on this case worked to limit the ruling by indicating that if the dog had not been on a leash or was being walked by a dog walker, the ruling would have been different. The judge also stated the court did not contemplate allowing noneconomic damages if an immediate family member was not in the danger zone, and that this ruling should not be applied broadly or to veterinarians.

“Veterinarians know as well as anyone the emotional impact that can accompany the loss of a pet. However, allowing for the payment of emotion-based damages can do nothing to address that loss. What it can do, if allowed and then applied more broadly, is drive up the cost of veterinary care. And that will harm pets by making it harder for their owners to provide the medical care they need,” the AVMA stated.¹

AVMA has opposed the awarding of noneconomic damages in cases involving pets and has worked with state and local veterinary groups. Currently, this case is under appeal.

References

1. New York judge declares dog an immediate family member. News release. American Veterinary Medical Association. July 11, 2025. Accessed July 14, 2025. https://www.avma.org/blog/new-york-judge-declares-dog-immediate-family-member?utm_source=delivra&utm_medium=email&utm_campaign=todays-headlines-blog
2. Atkinson T. Non-economic damages lawsuit – Brooklyn. New York State Veterinary Medical Society. Published June 30, 2025. Accessed July 14, 2025. https://nysvms.org/non-economic-damages-lawsuit-brooklyn/