According to the Journal of American Veterinarian Medical Association, a Ft. Worth 2nd Court of Appeals has overturned a lower court’s dismissal of a case and ruled against a 120 year old precedent from the Texas Supreme Court, holding that plaintiffs could recover only an animal’s market value. "Dogs are unconditionally devoted to their owners. Today, we interpret timeworn supreme court law in light of subsequent court law to acknowledge that the special value of ‘man’s best friend’ should be protected," according to the 2nd Court’s opinion, issued November 3, 2011.
The case stems from a lawsuit filed when a dog was picked up by animal control and the owner went to the animal shelter but did not have enough money to retrieve the pet. A shelter employee promised to hold the dog until the next day. The dog was euthanized the next day despite of a hold tag on the animal.
To save you from the rest of the legal mumbo jumbo, the ruling opens up a can of worms for dog owners and medical care providers, as well as a host of other animal services. I can just imagine what would happen, say in a divorce. The judge rules that one party gets the house, cars, stocks, bonds and all the money in the bank. The other party gets the dog.
Perhaps you take your dog to the Vet and he/she trims it’s toenails a little too short. Could you sue for "personal" injury on behalf of the dog?
I guess "a dog’s life" now means equality with humans. I do know people that love their dogs more than they love anyone - ANYONE.
All I can say is, put a flea collar on me and I’ll learn to bark.
PMO
©2011
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