How much money is your dog worth?
Traditionally under the law, dogs are regarded as property. In any wrongful death no matter how devastated the owners have been, the most they could hope for has been the market value.
Or to put it another way, a dog bred in a puppy mill and sold at an inflated price in a pet store has more value than a free puppy or a dog rescued from a shelter, no matter how important the dog has become to a family. An older dog has less market value than a young dog.
In Texas a state appeals court has made a groundbreaking ruling that a dog’s value is greater than the market value.
…the Second Court of Appeals in Fort Worth ruled this month that the couple can sue, saying sentimental damages can be recovered for the loss or destruction of all types of personal property, including pets. Source
In June 2009, Avery, an 8-year-old Lab mix belonging to Jeremy and Katherine Medlen and their children, was spooked by a thunderstorm and escaped from their yard. He was picked up by the Fort Worth animal control and taken to the shelter.
Jeremy Medlen found him at the shelter the next day but didn’t have enough cash on hand to pay the fees. He went back the next day with the cash, but was told that they couldn’t release Avery until the veterinarian who was out for a couple of days could put in a microchip.
When Medlin and his children showed up on the day they were told with the fees to release Avery, he was nowhere to be found. In spite of a “hold for owner” tag on the list of animals, Avery had been killed.
The Medlens sued the shelter worker saying her negligence led to his death and asking for “sentimental intrinsic value” because Avery was “irreplaceable” in spite of having little market value.
The county judge dismissed the lawsuit. The Medlens appealed the dismissal and a panel of the 2nd Court of Appeals in an 11 page decision said that the “special value” of pets should be preserved.
Randy Turner, a Fort Worth attorney representing the Medlins for no payment said:
This is a huge deal for pet owners. Up until the Medlen case, if a person came to see me wanting to sue someone for killing their dog, I had to tell them it was not worth it. No matter how attached they were to their pet, and no matter how devastated they were by its death, they [had been] only entitled to the 'market value' of the animal.
Now a jury can at least put a sentimental value on an animal that is otherwise worthless in terms of what it could have sold for on the open market.
The Medlens said they didn't sue to win money.
"We wanted to have a law in place that would protect animals from being hurt," Katherine Medlen said. "Before this, animals were considered property, and you weren't allowed to sue or be compensated for sentimental value. The hurt we experienced was nowhere comparable to a piece of property." Source
On the other hand, and there is always an other hand, making wrongful deaths more lucrative will open doors to suits against veterinarians, groomers and dog walkers.
I can imagine someone whose dog gets hit by a car suing the driver, the maker of the car, and maybe the state or city that built the road.
You know that isn’t far fetched.