Ask an Animal Lawyer
By Elizabeth Holtz, Animal Legal Defense Fund
My hired cat sitter let my cat get out, and now she’s lost. What are my legal options?
I’m so sorry that your cat isn’t safe at home with you right now. It’s extremely difficult when a beloved animal passes away, but you’re living in limbo – unsure whether your cat is safe or not. Your question brings up a number of issues. You have every right to file a lawsuit and seek damages for the loss of your cat. But whether your lawsuit will be successful – and the amount of money you could receive – is a more complicated question.
When someone injures or kills a companion animal (even accidentally), the animal’s guardian may be entitled to damages if the person acted negligently. However, the financial compensation you might be awarded depends on where you live and the circumstances of the case. On top of that, this area of law is in flux.
Your cat is an individual with her own unique personality, likes, and dislikes. But our legal system still views animals as property, even though science and our personal experiences tell us the opposite. As a result, many courts might only allow you to receive the “fair market value” of your cat, plus economic damages. Economic damages would include things like veterinary bills or, in your case, possibly costs associated with looking for your cat. I imagine that you’ve done everything you can to be reunited with her – printing flyers, searching shelters, maybe even hiring a company that specializes in finding lost animals.
Whatever it is, I’m sure the “market value” of your cat is far less than her intrinsic value – what she is actually worth to you. I couldn’t put a price on my own companion animals, but I know it would be much higher than the $120 adoption fee I paid. Of course, market value can be based on more than the fee paid to adopt an animal. It also includes things like whether the animal had any specialized training (like if she was a trained service animal, for example). But my guess is that you are not upset because your cat had a special skill. You’ve suffered a devastating loss and are seeking justice for yourself and your cat.
The good news is change is on the horizon. The legal system’s attitude toward animals is shifting slowly. Significant advances are being made especially in the area of companion animal custody. For example, in Alaska and Illinois, judges must now consider which home is best when determining the custody of animals in divorces. And certain states – including Tennessee, Illinois, and New York – allow people to collect more than economic damages in some cases.
Groups like the Animal Legal Defense Fund are pushing the legal system to recognize animals’ intrinsic value as opposed to their market value by filing amicus briefs in court cases involving the wrongful death of a companion animal and arguing for the right of animals to sue their abusers in court.
In Washington State, a jury awarded $100,000 to a man whose dog was shot and ultimately died. Chucky’s guardian described Chucky as his “best friend.” He filed a lawsuit against the neighbor who shot Chucky during target practice and then left him to die. More than a one-third of the money awarded was specifically for the guardian’s emotional distress and the “intrinsic value” of Chucky.
However, this case is unusual. Courts are just beginning to recognize that an animal is not a piece of luggage that can simply be replaced if lost. Considering this, I strongly recommend that you retain a lawyer before moving forward with a lawsuit. Most states do not have laws addressing how much money a person whose companion animal is wrongfully lost, killed, or injured can recover or even the procedure for doing so. A lawyer licensed in your state is in the best position to know the specifics of any applicable laws.
I encourage you to investigate your options and seek the advice of an attorney in your community. Again, I am so sorry for your loss. Regardless of the outcome, I hope you are able to find peace.
