|
| Advocacy > Federal > Legislative activities > AVMA legislative agenda > Issue brief |
|
| |
| Issue brief |
| |
| Non-Economic Damages |
| |
| Summary: |
- The AVMA believes the interests of animals and their owners are best protected by the current legal framework that allows for potential recovery of economic damages in negligence litigation involving animals
- Any extension of available remedies beyond economic damages would be inappropriate and ultimately harm animals.
- The current legal structure governing animal care is functioning properly. 93% of pet owners believe the veterinary care their animal receives is as good or better than their own medical care, and this care is delivered efficiently and affordably. In comparison, the human medical system is in crisis, due partly to the malfunctioning legal structure governing its delivery.
- The AVMA opposes recovery of non-economic damages.
|
| |
| AVMA Position: |
| The AVMA is actively pursuing legislation at the federal level that would prevent plaintiff animal owners from recovering non-economic damages in the event of animal loss or injury. |
| |
| Basis of Position Against Non-Economic Damages (NED) |
- Increased costs associated with recovery will reduce owners' interest in seeking animal-related services (many people and their pets will be priced out of the veterinary ervice market).
- An increase in available damages will drive an increase in claims and litigation and create associated additional costs for defense, settlement, and administration.
- The value of human-animal relationships will be placed above that of most human-human relationships (recovery would be allowed for pets, but denied for grandparents, cousins, best friends, and often one's spouse or child).
- Experience in human medicine with large non-economic damage awards has discouraged the practice of medicine.
- Awarding NED will impact the public (e.g., automobile, homeowner, general liability insurance) as well as animal care providers (e.g., groomers, dog walkers, boarding facilities).
- Evidence from peer-review of human medical practice demonstrates the absence of a correlation between legal liability and substandard care.
|
| |
| Bottom Line |
| The AVMA recognizes that American society has evolved from an agrarian one in which the animals most of us owned primarily had economic utility, to an urban one in which most of us derive some emotional value from our animals. The veterinary profession and others who care for animals have long acknowledged the importance of the human-animal bond and emotional attachments between pets and their owners. However, the AVMA believe the unintended consequences of any extension of potentially available damages beyond economic damages outweigh any potential benefits. |
| |
| Known Opposition to the AVMA Position: |
| Animal-rights groups and trial lawyers endorse changing the legal system to allow non-economic damage awards. |
| |
| Current Status: |
| No federal legislation has been introduced that would mandate the availability of non-economic damages for owners in the event of pet death or injury. However, this issue is active in many state and local legislatures. Additionally, the recent pet food recall, which affected fewer than 1% of all pet foods, may stimulate legislative action. |
| |
| For More Information: |
| Please contact Dr. Robert Nichols of the AVMA-Governmental Relations Division at (202) 289-3204 or rnichols@avma.org. |
| |
Go to the Government Action Center |
| |
|
| | |
| | |
American Veterinary Medical Association
|
= AVMA/SAVMA Members Only
