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6 Animal L. Rep. 1 (1994-1995)

handle is hein.journals/anilare6 and id is 1 raw text is: VOLUME #6 ISSUE #1 Animal Protection Committee, Young Lawyers Division, American Bar Association Animal Law Report Fall 1994 Message from the Chair Nancy Goldberg Wilks It is a new bar year, and the Animal Protection Committee is again proud to publish its news- letter, Animal Law Report. Though we were only able to publish one issue last year, we hope to turn out both of our planned issues during this bar year. I hope that you find this to be an exciting issue. Last year we published an ar- ticle by Megali Havens about the damages recoverable for the loss of an animal. Michael Rotsten, an attorney in Encino California who handles cases involving vet- erinary malpractice took issue Let's try and get the word about animal law to as many lawyers as we can and to make the world nicer for the animals this year. Nancy Goldberg Wilks, Chair. with the points raised in Ms. Ha- vens' article. He believes that Ms. Havens' article creates the impression that vet- erinary malpractice actions are futile. In this issue, we are continu- ing the debate by publishing Mr. Rotsten's and Ms. Havens' re- sponses. As always, we are also including summaries of recent cases, legislation, and literature. If you know of recent cases or legislation or if you would like to write an article for future is- sues of the Animal I believe in enco Law Re- young as well as exp( pop9_, and older attorneys t( please such law suits withou contact fear of the archaic re our editor, that has been traditio Patricia used by insurance cot Lulay, or and defendants in cas myself wherein animals are i We also or killed. Michael would welcome any comments or feedback on the newsletter itself or on how to make it more helpful to you. As always, we hope that the infor- mation provided will help practi- tioners. Let's try to spread the word about animal law to as many lawyers as we can and to make the world nicer for the ani- mals this year. A MAP TO RECOVERING DAMAGES FOR INJURIES TO ANIMALS FROM A CALIFORNIA POINT OF VIEW by Michael Rotsten, J.D.' Many lawyers are aware that if there is a wrongful injury or killing of an animal, there may be out-of-pocket loss -- such as re- placement value, veterinary bills, nursing care, funeral and raging cemetery expenses -- and ienced perhaps loss of use. This bring article examines the vi- the ability of claims for dam- oning ages other than illy out-of-pocket loss when panies injury to or destruction of an animal occurs in ured California. An example of the loss of use concept is a celebrity animal where the owner of the animal has lost the opportunity to make money for the use of the animal as a ce- lebrity in movies, television, or advertising campaigns. Loss of use can include a specially trained animal who assists its owner in the pursuit of a busi- ness, or a guide or therapy dog who assists in basic survival skills. When claiming damages other than out-of-pocket ex- penses, the owner of the animal must have suffered emotional distress and the injury to the ani- mal must have been caused by gross negligence or willful I Mr. Rotsten advises that he submitted this article because he is disappointed in the article presented in our FalLfWinter 1993 Newsletter titled What Damages Should Be Available for the Loss of an Animal Due to Veterinary Mal- practice by Megali Havens, J.D. As an attorney practicing law in California and specializing in Animal Law I believe there are legal theories that justify getting more than mere replacement value when a veterinarian commits malpractice. Ur eri it is na es nj Rc

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