Through the Expansion of Emotion-Based Damages
People adore their pets, be they furry, fishy, or flying. We are devastated when our pets are hurt, or their lives are lost. When that harm is caused by another’s negligence, some pet owners seek damages for their emotional loss in addition to any economic loss, not understanding that emotion-based damages harms pets in general. In most states, non-economic damages are not allowed in negligence cases for pets or humans. Some groups, like the Animal Legal Defense Fund, seek to overturn existing law, arguing that the human-animal bond has increased so much over the last three decades that the liability for negligence by veterinarians, groomers, pet-sitters and the next-door neighbor should expand to include emotion-based damages. According to Phil Goldberg, this claim of a sudden change in the human-animal bond is a myth. (Goldberg, p. 65) Pets have held a special place in our hearts since they invaded our hearths. The more recent inclusion of the terms “fur kids” or “pet parents” in our vocabulary does not describe some new level of emotional relationships we have with our pets despite the marketing hype around such terminology. Some people may argue that we spend more on pets than ever before and that expenditure is a measurement of love. While American pet owners are expected to spend almost $70 billion dollars on their pets in 2017 (Pet Industry Market Size & Ownership Statistics), this sum is a measurement of cost which in cludes both necessities and indulgences. It is not a measurement of an exponential increase of love for our pets. Accepting the myth that pets are “functional children” as truth to justify expanding damages in negligence-based torts would overturn centuries of well-reasoned American jurisprudence. It would also have a far-reaching, foreseeable, harmful impact on our pets beyond the courtroom.
Understanding the Role of Damages in Torts
Denne historien er fra October 2017-utgaven av Cat Talk.
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Denne historien er fra October 2017-utgaven av Cat Talk.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
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Checklist For What to Look For in Your Club's Next Show Venue
Show Manager To Ring One, Please
Tonkinese
When You're Well and Truly Tonked
AVOIDING The Kitten Fear Period
Young kittens seem fearless.4 As soon as those eyes open and they can get their legs under them, they are off to see the world if their mama and humans let them.
No Milk For You!
Milk Issues and Kittens
Fostering Kittens
When asked if I would be interested in fostering a queen and her eight newborn kittens, I volunteered without question.
Do You present ? Polish! OR DO YOU
IT’S ALL IN THE DETAILS!
No Kitten! Cats Are Part of the Military!
Felines have graced the decks of boats and ships back nearly to the beginning of time, roaming freely on passenger ships, war vessels, and merchant schooners, keeping vermin at bay.
Feline Summer Movie Fun!
School is almost OUT! Huzzah! But raindrops are plunking against the window, the amusement and water parks haven’t opened yet, camping is out, and roasted hot dogs and S’mores are another month away.
Kittens Are Special...
...and so are some of the show rules for them:
Genetic Pleiotropy and the Risks in Breeding Recessive Mutations
Nearly everyone loves what’s rare and unique. A slight defect in the minting process of a coin can create a demand and a value well beyond the face value of the coin. The coin is functionally no different than its perfectly minted counterpart, but its scarcity and uniqueness alone make it more desirable than the rest.
