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1985 Animal L. Rep. 1 (1985)

handle is hein.journals/anilare8 and id is 1 raw text is: ANIMAL LAW REPORT A Publication of the AMERICAN BAR ASSOCIATION Young Lawyers Division -- Animal Protection Committee Summer/Fall 1985 COMMITTEE NEWS * BE IT RESOLVED, That the American * * Bar Association/Young Lawyers Divi- * * sion encourages courts to consider * * the mental pain and suffering * * caused to the owners of animals * * when their animals are negligently * * or willfully injured or killed, * * when determining awards for damages * * in such cases. * This resolution was presented by the Animal Protection Committee to the American Bar Association/Young Lawyers Division Assembly at the ABA's Annual Meeting in Washington, D.C. in early July. Professor Gary Franci one, Vice-Chairman of the Committee, spoke in favor of the resolution and urged the Assembly' s support. Professor Francione emphasized that a basic premise of awards in cases involving damage to personal property is to make the aggrieved person whole again. He agrued that in cases involving the negligent or willful injury to or destruction of an animal, compensating an animal owner for the market value of the animal alone is sometimes insufficient in that it does take into consideration the special relationship that often exists between people and their animals. He pointed to a few cases where courts have upheld the right of persons to recover for their mental pain and suffering which repulted from the negligent or willful injury to or killing of their animals and to the many books and articles that have been written about the important role animals play in the lives of many individuals. Speakers against the resolution claimed that animals were personal property and the traditional measure of damages for the loss of an animal (fair market value) was sufficient. It was also argued that it would be extremely difficult to determine what the amount of monetary awards should be for pain and suffering in these cases. The resolution was defeated by a voice vote. Despite the defeat of the resolu- tion, the Animal Protection Committee will continue its efforts to secure passage of this or a very similar reso- lution to improve the status of animals under the law. Editor - Elinor Molbegott, The American Society for the Prevention of Cruelty to Animals, 441 East 92nd Street, New York, New York 10128 (212) 876-7700. Copyright 0 1985 - American Bar Association, Young Lawyers Division, Animal Protection Committee. Opinions expressed in the Animal Law Report do not necessarily represent the views or policies of the American Bar Association or the Animal Protection Committee of the American Bar Association-Young Lawyers Division.

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