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Animal Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Lewis & Clark Law School

2015

Animal rights

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Full-Text Articles in Animal Law

A Stepping Stone Toward Companion Animal Protection Through Compensation, Zachary Paterick, Timothy Paterick, Sandy Sanbar Jan 2015

A Stepping Stone Toward Companion Animal Protection Through Compensation, Zachary Paterick, Timothy Paterick, Sandy Sanbar

Animal Law Review

Despite the fact that many Americans view their companion animals as part of the family, the law treats companion animals as personal property. The courts have viewed companion animals as property for over 200 years, however, this precedent no longer adequately accounts for the important role companion animals play in modern day lives, and no longer appropriately compensates for the true value the animal has to the owner. A modified investment approach, stemming from wrongful death precedent, provides both a qualitative and quantitative approach to adequately measure the compan-ionship value these animals have to humans. While courts have entertained various …