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Animal Law

Lewis & Clark Law School

2003

Companion animals

Articles 1 - 2 of 2

Full-Text Articles in Law

Valuing Companion Animals In Wrongful Death Cases: A Survey Of Current Court And Legislative Action And A Suggestion For Valuing Pecuniary Loss Of Companionship, Elaine T. Byszewski Jan 2003

Valuing Companion Animals In Wrongful Death Cases: A Survey Of Current Court And Legislative Action And A Suggestion For Valuing Pecuniary Loss Of Companionship, Elaine T. Byszewski

Animal Law Review

Because it is exceedingly difficult to measure the value of “companionship” in determining damages for the loss of a companion animal in wrongful death cases, courts and legislatures have struggled to come up with a realistic method of assessment. This article suggests a straightforward “investment approach” to estimate the minimum pecuniary value, including companionship value, that human guardians place on their companion animals. Significantly, the investment approach provides a more accurate assessment of companion animal value, which serves tort system goals of efficient compensation for loss and deterrence of future harm to companion animals.


In The Line Of Fire: Brown V. Muhlenberg Township And The Reality Of Police Seizures Of Companion Animals, Denee A. Diluigi Jan 2003

In The Line Of Fire: Brown V. Muhlenberg Township And The Reality Of Police Seizures Of Companion Animals, Denee A. Diluigi

Animal Law Review

Ms. DiLuigi addresses a companion animal owners’ rights under current law to bring and maintain an action for the unreasonable seizure of their companion animal by an officer as well as an action for the intentional infliction of emotional distress in light of the Third Circuit’s recent decision in Brown v. Muhlenberg Township. Applying various legal doctrines, Ms. DiLuigi also explores potential legal arguments for future litigation stemming from an officer’s execution of a companion animal.