In the state of California, animals are considered “mere property” or chattel. This means that if someone maims or kills your pet dog, cat, or other animal, the traditional measure of damages in civil court is the replacement value (or street value) of the animal.

Our office received a case in which a reckless driver ran a stop sign and ran over a man’s Labrador retriever. This happened while the man and his dog were out for a walk and lawfully crossing the street. The dog was rushed to emergency vet care in critical condition. The vet bills were over $5,000 to save the dog’s life.  When my office demanded the insurance company pay for these bills, they refused and instead offered to pay the “market value” of the dog (which would have been approximately $100 to $500).  The insurance company maintained that California law does not give animals any “”special value” which would mandate they pay any more than the dog’s replacement value.

Due to the horrible unfairness of the situation, the client and this firm decided to file a lawsuit. The legal “loophole” to recover more in damages was California Civil Code Section 3340, which states:

For wrongful injuries to animals being subjects of property, committed willfully or by gross negligence, in disregard of humanity, exemplary damages may be given.

The attorney for the insurance company told us that in his many years of law practice, he had never come across or heard of this statute.

The insurance company immediately filed a Motion to Strike Exemplary Damages.

Before the hearing on the motion to strike, the insurance company decided to settle for the full amount of the vet bills.

If your household pet has been harmed or killed due to the negligence or intentional misconduct by another, contact our office today.