A veterinarian is asking anyone who will listen--legislators, judges, fellow pet owners--if the loss of a pet is akin to the loss of furniture, a computer or a car.
Kenneth Newman, a 33-year veterinarian and author of Meet Me at the Rainbow Bridge (www.meetmeattherainbowbridge.
“It’s time we change the laws to more accurately reflect what pets mean to the average American,” says Newman.
Gracie’s Law would not supersede current laws, he says, which entitle owners to the property value of their pet. And it would not replace criminal prosecution for acts of malice. And owners who decline a recommended veterinarian procedure to save a pet would not be held accountable under the law, he says.
Newman’s dog Gracie was killed in April 2008 when a negligent driver backed up 25 yards without looking, crushing Newman and Gracie between two vehicles. The vet escaped with a broken leg; Gracie saved his life, he says.
“An attorney looked me in the eye and said that my dog was a piece of property, that I wasn’t entitled to anything for the dog, and that this was a simple broken-leg case,” he says.
In every state, he says, laws view pets as property. Owners are entitled to no more than replacement value; no law takes into consideration the loss of companionship, grief, or pain and suffering.
Newman says that doesn’t jibe with Americans’ attitude toward their pets. According to an American Animal Hospital Association survey, 90 percent of owners consider their animals part of the family. Other findings:
• 52 percent of Americans would rather be stranded on a deserted island with their pet than with another person.
• 83 percent call themselves “Mommy” or “Daddy” in reference to their pet.
• 59 percent celebrate their pet’s birthday.
Cases involving pet owners’ bonds are increasingly showing up in the courts, Newman points out:
• Matrimonial law: Attorneys have experienced a 23 percent increase in pet cases, according to the American Academy of Matrimonial Lawyers. This includes custody battles over pets, veterinarian bills and visitation rights. Harvard now has a course dedicated to pet law.
• The North Carolina Court of Appeals: While the plaintiff’s wrongful death lawsuit was denied, animal activists applaud a judge’s willingness to at least hear a case involving a Jack Russell terrier that died while undergoing tube feeding at a state facility.
• Texas justice: On Nov. 3, 2011, Fort Worth’s 2nd Court of Appeals ruled that value can be attached to the love of a dog. That overruled a 120-year-old Texas Supreme Court case, which held that plaintiffs can only recoup the market value of their pets.
• Largest award: In April, a Denver judge awarded Robin Lohre $65,000 for the death of her dog, Ruthie. Lohre had accused Posh Maids cleaning service of negligence for allowing the dog to get outside, where it was hit by a car. Newman notes this sets a new precedent for pet value, but that such uncapped awards may threaten affordable veterinary care.
The proposed Gracie’s Law:
To recognize the emotional bond that exists between pets and people, the human animal bond, this law entitles the owner of a pet that is deliberately killed through an act of malice or accidentally killed through an act of negligence to the sum of $25,000 for loss of companionship and pain and suffering, plus all legal fees required to prove the negligence or malice. This law does not supersede the laws already in existence, which entitles the pet owner to the value of their pet as property. In the case of an act of malice, all laws relating to criminal prosecution remain in effect. A veterinarian that prescribes an appropriate medical or surgical plan by community standard that is declined by the owner of the pet would not be held accountable under this law, should the medical record state that the owner declined the appropriate treatment.
About Kenneth Newman DVM
Kenneth Newman graduated from Purdue University with a Doctor of Veterinary Medicine degree in 1979, and has since been a practicing vet. He experienced a badly broken leg and the death of his Labrador retriever Gracie due to the negligence of a driver in April 2008. Since then, he has proposed and advocated Gracie’s Law, which recognizes that pets are more than common property. Newman lives with his wife and their son, as well as several pets.