Legal Question in Civil Litigation in New Jersey

Re: veterinary malpractice

yes, but damages are no easily proven

Re: veterinary malpractice

Death of a Pet - Unfortunately there is no New Jersey precedent permitting a pet owner to recover non-economic damages when a pet is negligently injured or killed. Various public policy concerns do not permit such claims. In most wrongful death claims involving humans, an emotional distress and loss of companionship damages claim is generally unavailable for the loss of a child or spouse. Therefor the generally policy is to not allow such a recovery for the loss of a pet dog. In most claims pets are treated as property and damages are restricted to actual economic losses such as the pet�s market value or replacement cost.

Some states, other than NJ, (Florida, Kentucky & Idaho) allow damages for intentional infliction of emotional distress if the conduct resulting in injury to or death of a pet is either intentional, willful, malicious, or reckless. Unfortunately, New Jersey has not tested this type of claim and any answer would have to await a test court decision. Currently, there is no New Jersey precedent permitting a pet owner to recover non-economic damages when a pet is negligently injured or killed.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the

Commonwealth of Pennsylvania. The information contained in this response is intended to

provide general information regarding a general legal question. This information contained in the

response is not to be construed as legal advice and you should not rely upon any information as

legal advice. Legal advice can only be obtained through a complete consultation with my office

or an attorney admitted to practice law in your State. Any information obtained through this

response should not be deemed to create any attorney/client relationship.

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