Can animals sue in court?

Oh, those wacky Canadians. Rebecca Dube tackles animals and the law in the Toronto Globe and Mail:

"The question is not, 'Can they reason?' philosopher Jeremy Bentham famously wrote in his 18th-century defence of animal rights, nor, 'Can they talk?' but, 'Can they suffer?' "

The new question might be: Can they sue?

Animal law classes are the hot new offering at Canadian law schools. The University of Toronto and Queen's University will start teaching animal law this fall, joining at least six other Canadian universities where dogs and cats are already on the curriculum.

Before you reel at the notion of Rover retaining a lawyer to petition for 10 walks a day or the fish suing the cat for harassment, fear not. It's a serious field of study; even in the U.S., where animal law is more developed and lawsuits are much easier to pursue, courts have not been overrun by frivolous Fido filings.

Some experts compare animal law today to environmental law in the 1970s -- just emerging from its reputation as a special-interest niche (with a tinge of left-wing loony) to become a solid discipline that is widely accepted and potentially lucrative for practitioners.

The concept of animal law is almost as broad as that of "people law," encompassing everything from veterinary malpractice and custody cases (when couples split, who gets the pets?) to more philosophical issues of animal rights and personhood.

Many of these issues are hypothetical right now in Canada. Despite recent efforts to change the law, animals are still legally property in Canada, and the courts have been reluctant to humour would-be petitioners who view their pets like furry children....

But there have been signs of change. In 2006, Ontario courts awarded emotional damages for the loss of a dog; a boarding kennel that lost a dog while its owners were vacationing in Hawaii was ordered to pay the couple $1,417.12 for pain and suffering.

Photo: Rene Macura / Animal Planet

Comments

[Brien Comerford]

Animals should be liberated from mankind's malevolent dominion. No more slaughterhouses, hunting, trapping, fishing, vivisection labs, horseracing, bullfighting and puppy mills. They are our fellow creatures and they merit legal protection too.

[Maryann Maloney]

L.A. Unleashed
All things animal in Southern California and beyond.
Previewing your Comment

You say courts have not been “overrun by frivolous Fido filings.” You wait, if lawyers are able to get animals changed to an equivalent of “person-hood” then all bets are off!
If settlements and awards start to climb, some lawyers will not only make this “potentially lucrative for practitioners,” it will become a “doggy goldmine!”
We need to all practice restraint when using the courts. Unfortunately, a few bad lawyers can give a bad name to the whole industry.

Sincerely,

Maryann Maloney, Executive Director
Citizens Against Lawsuit Abuse
Los Angeles, California

[Melinda R. Burgwardt, DVM]

People don't realize how big all this is. They think it's warm and fuzzy to change legal terms to call pet owners "guardians" instead of owners. That simple change automatically makes your pet a "ward" and there are thousands of existing laws regarding the proper care of a ward! Let's guess what they might be: would existing laws allow a guardian to put their ward in a cage or other enclosure or an electronic perimeter system, or tie them outdoors or muzzle them? How about leaving them home alone under the age of 10 years? Can a guardian breed their ward and sell their ward's offspring? Can a guardian surgically sterilize their ward, get an identifying tattoo, or put in a microchip? Can a guardian ever euthanize their ward? If the vet feels your ward needs an MRI, spinal surgery, and other care for tens of thousands of dollars and will still be a paraplegic needing a doggie wheelchair and lifelong special care, can you be required to do it? Can your neighbor who loves your dog petition the court to become its guardian by accusing you of failing to provide ideal care in some way? Can they sue you for not only custody but also on behalf of your pet for it's pain, loneliness and suffering for leaving your bird home all day while you're at work or because your rabbit's cage didn't get cleaned today? Or if you become seriously ill and immunosuppressed and your best friend and comfort is your beloved cat that nobody else wants but that could now kill you with an accidental scratch, could you be sued for declawing? If your ward gets loose and hit by a car, can you be jailed for negligent supervision of your ward or criminally negligent homicide? Some of these may sound silly now, but they and many more may be reality in a very short time if the lawyers manage such simple changes, ensuring them a plethora of potential cases! Call it job security for them....