U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Great Debates
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 04-19-2009, 02:33 PM
 
Location: Portland, Oregon
7,091 posts, read 10,488,886 times
Reputation: 4104

Advertisements

Should we find emotional damages in court as we do civil suits as humans in wrongful death suites? Courts in the past have ruled pure economic damages rather then emotional damages, but it seems that emotional damage suits are starting for pets. The examples used in the article were pretty good examples of things where the dog was killed due to willful intent to end it's life due to malice.


Why is a dead Chihuahua worth $30K? - MSN Money

If my own dog was in the circumstances I would sue as well in these circumstances and see if I could get more damages to punish the person to not do it again...I think malice needs to be punished in this fashion. However, I can also see this expanding (He got $X for his pet, so can I) where people will sue to see if they can get as much as possible even if there was no malice of intent or if negligence...such as an owner suing the person for running over his dog when he let it out, or on a converse to the examples in the article where a dog got loose and was killed when it came into the yard of another owner.

Either way the insurance premiums seem to go up.
Reply With Quote Quick reply to this message

 
Old 04-19-2009, 02:42 PM
 
Location: Back in the gym...Yo Adrian!
9,371 posts, read 17,491,906 times
Reputation: 18346
I think suing for emotional damages is a bunch of crap to begin with, another tactic to line the pockets of greedy attorneys. If someone commits a crime against a person or an animal it should result in criminal charges under the limits of the law. How does one gauge emotional damage to put a price on it? Are you feelings worth $5K, $10K, $50K???
Reply With Quote Quick reply to this message
 
Old 04-19-2009, 06:39 PM
 
Location: Victoria TX
42,668 posts, read 71,556,197 times
Reputation: 35864
How do we differentiate between animals that are entitled to emotional security (kitties and puppies and hamsters) that those that are not (rats and raccoons and dingoes who ight bigh-bies.)?

In most litigation, the award for emotional damage is not to exceed the award for actual monetary damages, and an attorney might have a hard time convincing a jury that a gerbil suffered monetary loss.

Last edited by jtur88; 04-19-2009 at 07:36 PM..
Reply With Quote Quick reply to this message
 
Old 04-19-2009, 06:49 PM
 
Location: Northern NH
4,551 posts, read 9,863,075 times
Reputation: 3782
This is being discussed in a book I am reading.
Reply With Quote Quick reply to this message
 
Old 04-21-2009, 12:55 AM
 
25,165 posts, read 47,313,389 times
Reputation: 6944
no
Reply With Quote Quick reply to this message
 
Old 04-21-2009, 01:53 AM
 
Location: Chicago
6,005 posts, read 13,180,092 times
Reputation: 7956
I think the potential for abuse would be unbelievable if people could sue for emotional damage following a pet's death. one of the examples lists a lawsuit was filed when a dog escaped from a yard and killed a neighbor's sheep. how does one gauge the closeness an owner may feel for non-traditional pets and even livestock like sheep? can I sue someone if their cat, following its natural instincts, gets into my room and kills one of my pet rats? can I sue for $30K for a dead rat that may mean more to me than someone's dead dog? can I somehow prove that my rat being dead caused more emotional distress/damage than someone's dog being dead? are such lawsuits going to go by the inherent value of the pet (ie, $10 rat vs $1K purebred dog)? would this somehow go by the suspect's worth? if a homeless person stabbed your dog to death, would you sue? what if a famous celebrity did it, would you sue then? is your emotional damage somehow greater when someone of means does the crime vs someone who couldn't pay out any money? if one reason for filing such lawsuits is to make the suspect think twice of doing the crime again, wouldn't suing a homeless person for, say 30% of his savings and earnings, even if they total $30 produce the same desired effects as suing for 30% of someone's $90K in savings?

I think in situations like the Chihuahua where the suspect acted w/ an intent to harm or kill a pet, charges on animal abuse is enough. I wish they would beef up these laws however since many people convicted of animal abuse get a light sentence (unless you run a large dog fighting ring of course). but I think it's a very slippery slope to have owners suing for emotional distress over a pet. not all people view pets in the same way some pet owners do. there are people who think just getting another pet is enough to get over any grief over a dead pet. and even pet owners don't all view their pets in the same way or grieve in the same way. some pet owners may really care for their pets but are able to move on in time; others may have a full out mental breakdown if their pet hamster dies. it would be far too easy for an owner who may not have cared all that much or who may have otherwise moved on to claim emotional distress if it meant a nice payout

I kind of agree w/ coolhand in that I never understood the notion of suing for emotional distress. I can understand if something so traumatic happened that you were unable to work and even had to be hospitalized for a breakdown of some sort. but it seems like a lot of able bodied people of sound mind are suing for emotional distress for even "minor" issues such as after a small car accident. and in the end, does winning a multi-million dollar lawsuit bring back your dead love one, ease the pain of their death, or somehow "teaches" the perpetrator a lesson? I think such lawsuits in general can be easy to abuse and I'm not sure what purpose they have, other than the example I gave of someone who truly had emotional damage that impacted their ability to earn money (but even in these cases, no need for a massive payout. go by medical bills and wages lost only)
Reply With Quote Quick reply to this message
 
Old 04-21-2009, 06:42 AM
 
Location: In a house
5,230 posts, read 7,321,196 times
Reputation: 2558
Quote:
Originally Posted by Coolhand68 View Post
I think suing for emotional damages is a bunch of crap to begin with, another tactic to line the pockets of greedy attorneys. If someone commits a crime against a person or an animal it should result in criminal charges under the limits of the law. How does one gauge emotional damage to put a price on it? Are you feelings worth $5K, $10K, $50K???

I agree entirely. This is as absurd as allowing suits by the family of a criminal that gets hurt or killed in the commission of a crime.
Reply With Quote Quick reply to this message
 
Old 04-21-2009, 02:02 PM
 
Location: NJ
15,906 posts, read 10,962,018 times
Reputation: 10112
Default you will also have to include....

The emotional distress of a driver who runs over a dog allowed to run free by a careless owner.

Would it also cover my emotional distress when some poacher kills the buck I patterened during the summer and wanted to kill legally during the hunting season?

Would it cover my distress when the killing of non targeted fisheries by foreign trawlers off the Jersey coast deprives me of the joy of catching fluonder and striped bass?

Existing laws should come to bear against anyone who breaks the law. Tired of legal abuse by lawyers who, in the name of justice, have dismantled the stability of our society though the economic sequella of their actions.

How about the emotional distress of losing a law suit, can we be compensated for that?
Reply With Quote Quick reply to this message
 
Old 04-21-2009, 03:07 PM
 
6,944 posts, read 8,878,222 times
Reputation: 7795
Obviously other species can be emotionally damaged -- but how on earth do you sue civilly for such a thing? I don't see how that can work. A Goldfish can't testify. You can sic your emotionally-damaged pitbull on the bailiff to deonstrate the problem, but how do you prove the dog wasn't cowardly both before and after the incident you're suing about? There are unlikely to be psychiatric records predating the situation.
Reply With Quote Quick reply to this message
 
Old 04-21-2009, 09:22 PM
 
Location: Somewhere out there
9,616 posts, read 11,064,818 times
Reputation: 3717
Quote:
Originally Posted by jtur88 View Post
How do we differentiate between animals that are entitled to emotional security (kitties and puppies and hamsters) that those that are not (rats and raccoons and dingoes who ight bigh-bies.)?

In most litigation, the award for emotional damage is not to exceed the award for actual monetary damages, and an attorney might have a hard time convincing a jury that a gerbil suffered monetary loss.
Hey! I loved "Ratty". Nicer than some people I've met; giving of unconditional love and cuddling; nuzzly attention to my chin (when there was food in there...); willing to sleep on my neck while I watched TV. Can you get your wife or girlfriend to do THAT? I'm just sayin'....

"He was worth MILLIONS to me, your honor, but I'll settle for, say $450,000 and I'll drop the attending public humiliation suit.... I mean, it WAS between consulting species...."
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Great Debates
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2018, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top