Civil Actions - Tortious Injury to or Death of Pet - Damages
If enacted, SB 815 would significantly change how damages are assessed in cases of pet injury or death. While compensatory damages are tied to the fair market value of a pet and the cost of veterinary care, the inclusion of noneconomic damages allows for compensation related to the emotional impact of losing or injuring a pet. This adjustment aims to provide meaningful recourse for pet owners who suffer due to the wrongful actions of others.
Senate Bill 815 focuses on civil actions relating to the tortious injury to or death of pets. The bill establishes that individuals responsible for such injuries or deaths may be liable for both compensatory damages and noneconomic damages. This legislation specifically defines 'noneconomic damages' to include mental anguish, emotional pain and suffering, and loss of companionship. As pets are often considered part of the family, this bill acknowledges the emotional distress that pet owners can experience in such situations.
The bill opens up discussions around the appropriate limits on damages concerning pets. One key point of contention is the exception to the $10,000 cap on damages in cases where the tortfeasor acted with gross negligence, intent, or malice. Some legislators may argue that this could lead to excessive claims or encourage litigation, while proponents believe it is necessary to hold individuals accountable for extreme neglect or harmful actions towards pets, thus protecting pet owners' rights.