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Pets may be more than just furry friends
'Loss of companionship'; New Jersey to consider legitimate damage claim
Steven Edwards, CanWest News Service
Published: Tuesday, May 22, 2007
A trend toward recognizing that pets are just as loved as other family members advanced in New Jersey yesterday as the state became the latest in America to consider ruling "loss of companionship" as a legitimate damage claim in lawsuits over tainted manufacturers' food.
State Assemblyman Neil Cohen tabled the bill as Canadian- based Menu Foods Inc. faces more than 50 lawsuits over toxin-tainted pet food suspected in the deaths of an unknown number of dogs across North America.
"Anyone who is an animal lover knows how close they get to their dog or their cat," said the politician, himself the owner a 13-year-old blind and diabetic miniature Schnauzer he took charge of after his parents died. "In fact, for some people, they are closer to their animals than they are to people."
In most states and across Canada, pets are treated merely as property -- limiting claims for damages.View Larger Image View Larger Image
In most states and across Canada, pets are treated merely as property -- limiting claims for damages.
Yet in most states and across Canada legislation treats animals as property whose value does not necessarily exceed the animal's market price, often restricting the amount a pet owner can claim in damages if filing for a loss due to negligence.
"There have been a few cases where pain and suffering have been recognized in Canada, but it is always preferable to have the legislature pass a law recognizing this as damages," said Wendy Adams who teaches an "animal law" course at Montreal's McGill University.
Mr. Cohen said his bill seeks to avoid clogging the courts with additional lawsuits by creating a binding arbitration panel to settle disputes between pet owners and pet food manufacturers. Provisions would allow owners to seek redress from pet-food manufacturers for the current value of the pet, veterinary expenses, burial expenses, animal training costs, and up to US$15,000 for the loss of companionship.
Tennessee is so far the only state with similar legislation, but its maximum allowable for emotional suffering in US$5,000.
Animal rights groups say there are some moves in Massachusetts to go in the same direction. Connecticut and Illinois, meanwhile, allow pet owners to sue for punitive damages following a criminal animal cruelty conviction.
Mr. Cohen has introduced other pet-friendly legislation. One bill calls for the addition of a bitter-tasting agent to antifreeze, which is sweet-tasting to animals but extremely harmful.
Another seeks to prevent insurance companies from denying homeowner's insurance to owners of certain dog breeds considered aggressive and, therefore, more likely than other pets to be the cause of a lawsuit.
Mr. Cohen launched his latest bill after noticing tainted food from an earlier scare on the shelf of his local 7-Eleven store.
"I showed them an article about it, but they didn't remove the food," he recalled.
"Then I started buying up the food and throwing it away.
"About $300 later, I drew up the legislation."
Mr. Cohen said he is confident he can get his bill through the New Jersey Assembly, and is seeking a sponsor to table it in the state Senate.