Protection For Our Family Dogs and Cats

January 2004

We, the citizens of the United States, call on the elected House of Representatives to put forth a bill protecting the rights of dog and cat owners in cases of veterinary malpractice.

As the law stands right now, pet owners can only recover the fair market value of their dog or cat if that dog is maimed or killed due to the negligence of a veterinarian. This completely and utterly ignores the bonds which can be formed between human and animal.

To illustrate, take our case of Riff vs. Welleby Veterinary Medical Center - http://www.law.com/jsp/article.jsp?id=1058416390720 - where the Riff's are suing Dr. John Willie for the suffering and death of their 8 year old dog Lucky.

The attorney's representing he defendants have argued for 2 years that no matter how gross the negligence of the defendants was, the Riff's are only entitled to the $300 it cost to buy Lucky when he was only 8 weeks old.

Animal crulty laws are recognized in every state of the union, but sadly, this recognition has not moved into the civil area of the law. Its time that it should.

Present a bill that recognizes the bonds that can be shared between pet owner and animal and recognize that the destruction of that bond either through intentional or negligent action by both layperson or veterinarian, entitles that owner to the right of emotional damages not to exceed $100,000.

Please take the example of the Colorado bill below:

Companion Animal Bill

Statute Details
Printible Version
Citation: CO 03-1260 (2003)

Citation: House Bill Number 03-1260

Summary:
Permits an owner of an injured companion dog or cat under certain circumstances to recover damages for loss of companionship. Imposes an informed consent requirement on a veterinarian before he or she performs a service involving a substantial risk to a companion dog or cat. Exempts a veterinarian under certain circumstances from local and regional companion dog and cat inoculation requirements.

Statute in Full:
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

First Regular Session
Sixty-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 03-0611.01 Stephen Miller HOUSE BILL 03-1260

House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT

CONCERNING CERTAIN DOMESTICATED ANIMALS IN THE ORDER CARNIVORA THAT ARE USED FOR PURPOSES OF COMPANIONSHIP, AND, IN CONNECTION THEREWITH, IMPOSING CIVIL LIABILITY FOR ANIMAL CRUELTY AND NEGLIGENT ANIMAL HEALTH CARE PROFESSIONAL PRACTICES AFFECTING COMPANION DOGS AND CATS, AND ESTABLISHING SPECIFIC STANDARDS OF VETERINARY PRACTICE INVOLVING INOCULATIONS FOR COMPANION DOGS AND CATS.

Bill Summary
(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

HOUSE SPONSORSHIP
Cloer, and Hefley

SENATE SPONSORSHIP
Chlouber, and Andrews

Permits an owner of an injured companion dog or cat under certain circumstances to recover damages for loss of companionship. Imposes an informed consent requirement on a veterinarian before he or she performs a service involving a substantial risk to a companion dog or cat.

Exempts a veterinarian under certain circumstances from local and regional companion dog and cat inoculation requirements.