Loss of companionship historically has been grist for civil lawsuits seeking compensatory and punitive damages.
But the claim is reserved for surviving spouses. Other types of survivors can’t seek such damages.
That almost changed this week in an Oregon jury trial. Owners of a 14-year-old cocker-Lab mix deliberately killed by a neighbor had sought $1.625 million in damages for the 2004 loss of their family pet.
The judge excluded the companionship portion of the claim, but allowed a $1.325 million lawsuit to proceed for punitive damages and intentional infliction of emotional stress.
No longer at issue is whether a family pet is more than just property with a standard market replacement value.
The neighbor ran over the dog four times and was later convicted of first-degree animal abuse and sentenced to 90 days in jail.
Veterinarians, drug companies, pet-food manufacturers and others involved in the pet-care industry still aren’t wagging their tails. The companionship issue may succeed in appeals to higher state courts. (28 MAY 2006)
