Source: AVMA
A New York trial court has allowed a claim for negligent infliction of emotional distress (NEID) to proceed in a case where a dog was struck and killed by a car, marking a rare instance of potential noneconomic damages tied to pet loss. The case involves a woman walking her leashed dog when it was hit by a driver who allegedly ran a stop sign. Traditionally, New York law limits NEID claims to immediate family members in the “zone of danger.” The court controversially ruled that the dog could qualify as an immediate family member, but only under narrow conditions—because it was leashed to the person who witnessed the event and was herself at risk.
Veterinary groups, including the AVMA, oppose expanding noneconomic damages for pet loss, warning it could drive up Veterinary costs and complicate legal standards. Critics argue it could unjustifiably elevate pet relationships above some human ones and introduce challenges in assigning monetary value to emotional harm.
Read the full story HERE: https://www.avma.org/blog/new-york-judge-declares-dog-immediate-family-member