Lawsuit for the wrongful death of my dog

[Leeton]

Can I sue for the wrongful death of my dog in New York?
Would I get the same damages as for death of a person?

The dog was run over by a man speeding and the dog was on the sidewalk when the dog was hit!

[adjusterjack]

Re: Lawsuit for the wrongful death of my dog

Can I sue for the wrongful death of my dog in New York?

Of course.

Would I get the same damages as for death of a person?

No. But, in NY, you might get a bit more than just the market value of the dog.

In a 1979 case in NYC the court overruled prior precedent and ruled "that a pet is not just a thing but occupies a special place somewhere in between a person and a piece of personal property. In ruling that a pet such as a dog is not just a thing I believe the plaintiff is entitled to damages beyond the market value of the dog. A pet is not an inanimate thing that just receives affection; it also returns it. To say it is a piece of personal property and no more is a repudiation of our humaneness. This I cannot accept. Accordingly, the court finds the sum of $700 to be reasonable compensation for the loss suffered by the plaintiff."

https://scholar.google.com/scholar_case?case=14565683348316197980&q=corso+v+dog+%26+cat+hosp&hl=en&as_sdt=4,33

Keep in mind that this was city court (small claims) where judges often rule on fairness in addition to law.

However, if you look at this next page you will see that the case was subsequently cited 197 times. You'll have to read those cases to see if the judge's philosophy has been carried forward by other case decisions.

https://scholar.google.com/scholar?hl=en&as_sdt=4%2C33&q=corso+v+dog+%26+cat+hosp&oq=corso+v

The dog was run over by a man speeding and the dog was on the sidewalk when the dog was hit!

My condolences.

[Tamara 5]

Re: Lawsuit for the wrongful death of my dog

Some states do not treat a dog as anything more than property but the property still has some value so a small award can be obtained.
I was not successful in a similar case in ohio unfortunately.

[Unregistered]

Re: Lawsuit for the wrongful death of my dog

A dog is a lot more then mere property.
The law should recognize that.

[adjusterjack]

Re: Lawsuit for the wrongful death of my dog

A dog is a lot more then mere property.
The law should recognize that.

The law is starting to evolve in that direction.

Google something like pet value lawsuits and you'll see how various states are handling it.

[Lexus]

Re: Lawsuit for the wrongful death of my dog

The Court will not consider the value of a pet as of a person. But will consider the value of the pet beyond mere market value.

[adjusterjack]

Re: Lawsuit for the wrongful death of my dog

The Court will not consider the value of a pet as of a person. But will consider the value of the pet beyond mere market value.

Yeah, said that already.

[Unregistered]

Re: Lawsuit for the wrongful death of my dog

People do seem to exaggerate the importance of their dog sometimes. It is just a dog after all.

I was just next to a two ton monster on Delta airlines that was supposedly also serving as an emotional support dog--very unpleasant.