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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.

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