Harming Pets
Cat Talk|October 2017

Through the Expansion of Emotion-Based Damages

Kelly Crouch CFA Legislative Information Liaison
Harming Pets

People adore their pets, be they furry, fishy, or flying. We are devastated when our pets are hurt, or their lives are lost. When that harm is caused by another’s negligence, some pet owners seek damages for their emotional loss in addition to any economic loss, not understanding that emotion-based damages harms pets in general. In most states, non-economic damages are not allowed in negligence cases for pets or humans. Some groups, like the Animal Legal Defense Fund, seek to overturn existing law, arguing that the human-animal bond has increased so much over the last three decades that the liability for negligence by veterinarians, groomers, pet-sitters and the next-door neighbor should expand to include emotion-based damages. According to Phil Goldberg, this claim of a sudden change in the human-animal bond is a myth. (Goldberg, p. 65) Pets have held a special place in our hearts since they invaded our hearths. The more recent inclusion of the terms “fur kids” or “pet parents” in our vocabulary does not describe some new level of emotional relationships we have with our pets despite the marketing hype around such terminology. Some people may argue that we spend more on pets than ever before and that expenditure is a measurement of love. While American pet owners are expected to spend almost $70 billion dollars on their pets in 2017 (Pet Industry Market Size & Ownership Statistics), this sum is a measurement of cost which in cludes both necessities and indulgences. It is not a measurement of an exponential increase of love for our pets. Accepting the myth that pets are “functional children” as truth to justify expanding damages in negligence-based torts would overturn centuries of well-reasoned American jurisprudence. It would also have a far-reaching, foreseeable, harmful impact on our pets beyond the courtroom.

Understanding the Role of Damages in Torts

This story is from the October 2017 edition of Cat Talk.

Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.

This story is from the October 2017 edition of Cat Talk.

Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.

MORE STORIES FROM CAT TALKView All
Library Cats felis cattus bibliotheca
Cat Talk

Library Cats felis cattus bibliotheca

Introduction - The Middle Ages, sometimes referred to as “The Dark Ages,” spanned approximately one thousand years, between 479 AD and 1450 AD. This time period is not generally considered to have been friendly to anyone, human nor animal, but it was especially hostile toward felines. Ignorance of knowledge and science was rampant among the majority of the population, with the ability to read limited to clerics and the wealthy. Myths, legends, and galliard songs spread widely throughout Europe as people migrated from place to place, searching for food and a safe habitat. Fear of the unknown and the unexplainable, particularly of witches and their cat familiars, was spread not only by the stories and songs, but by the Popes themselves. Without touching on the atrocities of medieval times, let us just say it was not the best time to be a cat.

time-read
5 mins  |
February 2024
What You Don't Know About American Wirehairs
Cat Talk

What You Don't Know About American Wirehairs

Wired For Sound! (Specifically, Purrs!)

time-read
6 mins  |
February 2024
UP CLOSE AND, Purr-sonal
Cat Talk

UP CLOSE AND, Purr-sonal

Northwest Region Judge Wendy Heidt stumbled upon CFA completely by accident while out with friends at a Harvest Festival.

time-read
3 mins  |
February 2024
Hey Kids! Let's Put on a Show!
Cat Talk

Hey Kids! Let's Put on a Show!

Getting Your Show on the CFA Schedule

time-read
4 mins  |
February 2024
Move Over, St. Patrick
Cat Talk

Move Over, St. Patrick

St. Patrick’s “Sister Saint”

time-read
3 mins  |
February 2024
Staying Safe "On the Road Again"
Cat Talk

Staying Safe "On the Road Again"

Safety Tips for You and Your Cat at Hotels

time-read
7 mins  |
February 2024
Emerging Colors and Patterns
Cat Talk

Emerging Colors and Patterns

“The only thing certain is change” goes an old saying. However, sometimes there is actual change, and sometimes change is the result of more accurate information.

time-read
5 mins  |
February 2024
Premature Enzyme Activation Pancreatitis in Cats
Cat Talk

Premature Enzyme Activation Pancreatitis in Cats

Has your cat ever had repeated or continuous episodes of diarrhea or vomiting? Maybe your vet has given you medication and the issue seemed to go away for a while but then came back.

time-read
5 mins  |
February 2024
Is Dental Care for Cats Important?
Cat Talk

Is Dental Care for Cats Important?

The simple answer to this question is YES

time-read
4 mins  |
February 2024
Odontiasis: The Gnashing of Baby Kitten Teeth
Cat Talk

Odontiasis: The Gnashing of Baby Kitten Teeth

February is National Dental Month for veterinarians across the US as healthy teeth translates to healthier pets. Cat Talk takes a look at how owners can care for teething kittens and how ongoing dental care helps adult cats live healthier lives.

time-read
4 mins  |
February 2024