Tennessee Statute Helps Pet Owners
My neighbor was speeding down the country lane where we live and as he swerved off of the road a little he hit my dog Blue and broke his leg. When I told him that he would have to pay for the Vet bill, he just laughed and said, yea right, so sue me. Can I do anything?
Bobby Joe Waynesboro, Tennessee
Bobby Joe, obviously you should consult an attorney in your area to understand fully your legal rights.
However, generally speaking, Tennessee has one of the few Statutes that specifically give a possible right of recovery for pet owners.
Tennessee Code 44-17-403. Death of pet caused by negligent act of another — Damages, states:
(a) (1) If a person's pet is killed or sustains injuries that result in death caused by the unlawful and intentional, or negligent, act of another or the animal of another, the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for up to five thousand dollars ($5,000) in noneconomic damages; provided, that if the death is caused by the negligent act of another, the death or fatal injury must occur on the property of the deceased pet's owner or caretaker, or while under the control and supervision of the deceased pet's owner or caretaker.
(2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.
(b) As used in this section, “pet” means any domesticated dog or cat normally maintained in or near the household of its owner.
(c) Limits for noneconomic damages set out in subsection (a) shall not apply to causes of action for intentional infliction of emotional distress or any other civil action other than the direct and sole loss of a pet.
(d) Noneconomic damages awarded pursuant to this section shall be limited to compensation for the loss of the reasonably expected society, companionship, love and affection of the pet.
(e) This section shall not apply to any not-for-profit entity or governmental agency, or its employees, negligently causing the death of a pet while acting on the behalf of public health or animal welfare; to any killing of a dog that has been or was killing or worrying livestock as in § 44-17-203; nor shall this section be construed to authorize any award of noneconomic damages in an action for professional negligence against a licensed veterinarian.
Any case involving a tort is going to be fact sensitive and ultimately up to a Judge or a jury to decide as to the liability and then, if any, the amount of money damages that you may recover.
At least, in your state, you have some statutory authority to back you up.
Contact your attorney.
Sorry about Blue, hope he gets better soon.
Bobby Joe Waynesboro, Tennessee
Bobby Joe, obviously you should consult an attorney in your area to understand fully your legal rights.
However, generally speaking, Tennessee has one of the few Statutes that specifically give a possible right of recovery for pet owners.
Tennessee Code 44-17-403. Death of pet caused by negligent act of another — Damages, states:
(a) (1) If a person's pet is killed or sustains injuries that result in death caused by the unlawful and intentional, or negligent, act of another or the animal of another, the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for up to five thousand dollars ($5,000) in noneconomic damages; provided, that if the death is caused by the negligent act of another, the death or fatal injury must occur on the property of the deceased pet's owner or caretaker, or while under the control and supervision of the deceased pet's owner or caretaker.
(2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.
(b) As used in this section, “pet” means any domesticated dog or cat normally maintained in or near the household of its owner.
(c) Limits for noneconomic damages set out in subsection (a) shall not apply to causes of action for intentional infliction of emotional distress or any other civil action other than the direct and sole loss of a pet.
(d) Noneconomic damages awarded pursuant to this section shall be limited to compensation for the loss of the reasonably expected society, companionship, love and affection of the pet.
(e) This section shall not apply to any not-for-profit entity or governmental agency, or its employees, negligently causing the death of a pet while acting on the behalf of public health or animal welfare; to any killing of a dog that has been or was killing or worrying livestock as in § 44-17-203; nor shall this section be construed to authorize any award of noneconomic damages in an action for professional negligence against a licensed veterinarian.
Any case involving a tort is going to be fact sensitive and ultimately up to a Judge or a jury to decide as to the liability and then, if any, the amount of money damages that you may recover.
At least, in your state, you have some statutory authority to back you up.
Contact your attorney.
Sorry about Blue, hope he gets better soon.
Trackbacks (0)
Links to blogs that reference this article
Trackback URL
http://www.pettrustlawblog.com/admin/trackback/74506
http://www.pettrustlawblog.com/admin/trackback/74506
Comments (0)
Read through and enter the discussion with the form at the end
Post A Comment / Question
Use this form to add a comment to this entry.
Send To A Friend
Use this form to send this entry to a friend via email.
