What is The Value of A Guide Dog?
I recently read an interesting exchange between attorneys, regarding the issue of whether or not a guide dog in training, was afforded the same statutory rights, protections and privileges as a guide dog.
Every state has a least one statue regarding the use and protection of guide dogs or service animals as they are often called.
For example, California law is clear in that “Housing providers have an affirmative obligation to engage in an interactive process with a tenant or prospective tenant who requests that his/her service animal be permitted to reside with him/her in the subject housing accommodation and provide that reasonable accommodation, absent a specific legal justification for not granting the request.”
This led me to do a little research on Florida Statutes.
We have discussed here and here the current dichotomy in the courts between the treatment of pets as simply personal property and as a member of the family with emotional value, as well.
Florida Statute 413.081. Interference with or injury to a service animal; penalties; restitution, provides an interesting insight into that argument in that:
"(2) A person who, with reckless disregard, injures or kills, or permits a dog that he or she owns or is in the immediate control of to injure or kill, a service animal commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) A person who intentionally injures or kills, or permits a dog that he or she owns or is in the immediate control of to injure or kill, a service animal commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4)(a) A person who is convicted of a violation of this section, in addition to any other penalty, must make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the service animal's user.
(b) Restitution includes the value of the service animal; replacement and training or retraining expenses for the service animal and the user; veterinary and other medical and boarding expenses for the service animal; medical expenses for the user; and lost wages or income incurred by the user during any period that the user is without the services of the service animal."
It is interesting that this statute provides for additional compensation to the animal owner, in addition to the actual value (personal property) of the animal.
Another stature that is influencing the changes in pet law?
Maybe pets are not merely personal property after all.
http://www.pettrustlawblog.com/admin/trackback/84533
