
A recent case before the New York State Supreme Court revolved around the question of whether a dog could be considered “immediate family” under the law.
We certainly consider Rooney, a 105-pound, 5-year-old black Labrador–ridgeback mix, to be an important member of our family. And we’re not alone: according to a 2023 Pew Research Center survey, of the 62 percent of Americans who have an animal in their household, 97 percent say those animals are part of the family. And 53 percent of those who share their lives with dogs consider them to be as much a member of the family as the humans.
These numbers are striking, but probably not surprising to anyone with a companion animal, or anyone who knows someone with a companion animal.
What is surprising is how out of step the law is with society on this matter. In the United States, and many other countries, dogs are legally property. For the most part, the law treats them the same way it treats furniture. While all the states do have animal protection laws that ban cruelty, those laws are uneven, generally weak, and rarely vigorously enforced.
Years ago, while reading a story about a woman in Texas whose dog was killed, I learned that if somebody accidentally, or even intentionally, kills your dog, the damages you are entitled to recoup are limited to the monetary value of the dog — either the money you spent to acquire the dog, or the cost to “replace” the “property.” I was struck by the glaring mismatch between how most people value their animal companions and how the law values them.
So I was very interested to learn that a judge of the New York State Supreme Court decided that a family was entitled to seek mental, emotional, and psychological damages suffered from traumatically losing their dog due to someone else’s negligence. This is a ground-breaking decision that goes against precedent, and I wanted to understand how the judge came to this conclusion. So I read his 19-page decision through to the end. I found it fascinating.
Here are some highlights:
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