State and local non-economic damages issues
AVMA position
- Pros and cons of allowing recovery of non-economic damages (as opposed to punitive damages) for injuries to or loss of animals
The American Veterinary Medical Association (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. - AVMA policy: Recovery of monetary damages in litigation involving animals
The American Veterinary Medical Association recognizes and supports the long-standing legal classification of animals as the property of their owners. The AVMA recognizes that, in some lawsuits, economic compensation may exceed an animal's fair market value, which is the traditional measure of damages for property, in order for the owner to be made economically whole.
AVMA legal brief
- Vermont Supreme Court (PDF)
The AVMA, along with the Vermont Veterinary Medical Association, filed this brief in the case of Goodby v. Vetpharm, before the Vermont Supreme Court, advocating against allowing recovery of non-economic damages for the loss or injury of a pet.
Analysis
Legislative analysis:
How emotion-based/non-economic damages can hurt you and your pet
When pet owners seek emotion-based damages, also known as non-economic damages, as compensation for pain and suffering, this sets up a domino effect of unintended and undesirable consequences that will actually hurt pets in the long run.
Legislative analysis:
Policy consequences of expanding damages
Expanding damages may seem warm and fuzzy, but will actually hurt animals, pet owners and their communities.
Legislative analysis:
Effect of expanded damages on animal services
Expanded damages will harm not only veterinarians, but also other providers of animal services.
Legislative analysis:
Relative value of human-animal relationships
Allowing monetary recovery for emotional distress would place human-animal relationships above human-human relationships.
Legislative analysis:
Potential impact of expanded liability on veterinary health care
The crisis in delivery of human health care should not be allowed to spill into delivery of care for animals.