Can You Recover Emotional Distress Damages For Your Pet? Well.....
Pet owners are usually very loving of their pets - the pets become a member of the family. Let's say someone recklessly runs a stop sign or is speeding and kills your dog that has been with you for years and grown up with your children. Or an elderly person has a dog for a companion for ten years and someone shoots the dog. What can be done?
The traditional response is that at best you can only recover for the value of the dog and any medical or funeral expenses you have to pay. No emotional distress damages.
Mark McAndrew has an interesting post about a Vermont Supreme Court decision where this issue will be tested and explored - can you recover emotional distress damages for pets. In the Vermont case the plaintiff alleges the defendant shot (and killed) the dog with malice.
When there is an update we'll let you know.
My suspicion is that the court will be moved by the plaintiffs but ultimately will not allow for emotional distress damages for the "wrongful death of a dog" due to fears of this opening up too much litigation where large awards could be handed down.
In Alabama where we only allow punitive damages for wrongful death actions (you knew we had to be unique, right?) I don't see our conservative supreme court saying you can get punitive damages against someone who kills your dog. But you never know - could be conversion of personal property which can support punitive damages.....
