PET CAT EUTHANIZED BY MISTAKE

This scenario recently occurred.

Coleen Conlon lives in Gardner, Massachusetts. She had a pet cat. Lady. Eight years old.

Lady had fleas. Coleen had her son take Lady to the vet for a flea bath. Lady had previously been cared for by the veterinarian. The veterinarian was the Broadway Animal Hospital. The Hospital was owned and operated by Dr. Michael Sheridan. A respected veterinarian in the area with thirty years experience.

Dr. Sheridan's Hospital provided forms to be signed by anyone requiring pet services. There was a form for flea services. There was a form for euthanasia. There was a form for every type service.

The son was mistakenly given the wrong form. He did not read it. He signed and returned it. Much like most of us humans do when we are being admitted to a hospital.

The form the son signed was for euthanasia. Not a flea bath.

When the son returned, he was informed Lady had been euthanized. The form mistake was discovered.

Coleen, her son and the rest of the family are distraught. Dr. Sheridan is sympathetic, but says the son should have read the form before signing.

The facts have the making of a law suit.

The question is what is the monetary value of a pet cat negligently killed. The answer depends on the State where the pet resided and the negligent act took place. In this instance, Massachusetts.

Let's begin at the beginning.

The law initially and for centuries was that a pet was property. Not human. As property, it could only be valued based on far market value less depreciation. Simply stated, Lady in this instance would be worth whatever the cost of buying a new cat, depreciated by the number of years Lady had already lived.

What is the dollar value of a pet cat under the fair market rule. Most cats are adopted. Taken in. I am unfamiliar with the price range of an ordinary cat. However, I cannot believe it would be much in dollars. $20-40 perhaps? Now subtract from that amount the fact that Lady had already lived half her anticipated life time. Subtract 50 per cent from the estimated fair market figure of $20-40.

That number represents the value of Lady in this day and age under the fair market approach.

Most States follow the fair market value rule. Pets are worth next to nothing in those States. The feelings of the pet owner are not taken into consideration.

Pets have increasingly become a member of the family, so to speak. Pets are loved as one's own offspring.

A new approach to pet valuation has developed and is developing. Though presently the law in only a few States. The developing legal concept is known as companion law. Companion law does not limit recovery for a dead pet to fair market value. It takes into consideration the same things that the law considers when a human is negligently killed. Emotional distress and uniqueness of the relationship.  Even the pet's pain and suffering.

Where does Florida stand? Where does Massachusetts stand?

The cases are split in Florida. Some courts recognize the progressive companion theory. Others, the fair market value of the pet.

Lady and her owner Coleen lived in Massachusetts. Massachusetts offers no help at all. I even question if a claim can be made under the fair market value theory.

Massachusetts has a statute that defines who and how recovery can be had in a death case. The statute applies to "...persons closely related."  Massachusetts courts have consistently held that a pet is neither a person nor is it legally able to be closely related. Ergo, Coleen would get nothing.

Only one State has dealt with the problem legislatively. Massachusetts makes its decision based on a statute. However, the statute is written for humans, even though applied in pet situations.

Tennessee has met the issue head on. Tennessee's law directly deals with companion pets. Legislatively and signed into law by the Governor. The statute permits lawsuits. With limitations. Top recovery is limited to $4,000. Better than nothing. The statute is limited to dogs and cats.

The law generally has many problems/issues with which to deal. Pet recovery is not near the top. However in a creeping fashion, the States are beginning to deal with the problem. The law is moving in the direction of companion statutes. At some point in the next 25 years, most States will be on the side of valuing the pet and permitting recovery. In 50 years, the issue will no longer be a problem. Companion recovery will be the law in every State. The law of the land.