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  1. #1
    Join Date
    Jun 2018
    Location
    Kern County, CA
    Posts
    1

    Default Animal Rights Laws

    My question involves an injury that occurred in the state of: California.

    What are animal rights laws?

  2. #2
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,679

    Default Re: Where Can I Find a Forum for Animal Rights

    Animals are considered property under the law.
    Don't make me quote Monty Python at you.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,670

    Default Re: Where Can I Find a Forum for Animal Rights

    Quote Quoting BooRennie
    View Post
    Animals are considered property under the law.
    That's true but in 2011 the CA Court of Appeal held that the owner could recover damages for costs incurred in treating the pet even if the costs exceeded the market value of the cat (CA Civil Code 3330) . The Court also noted that a plaintiff can recover punitive damages on a showing that the injury was willful. (CA Civil Code 3340[“[f]or wrongful injuries to animals being subjects of property, committed willfully or by gross negligence, in disregard of humanity, exemplary damages may be given”].)

    https://www.animallaw.info/case/kimes-v-grosser

    And in 2012 the CA Court of Appeals agreed with Kimes v. Grosser that allowing a pet owner to recover reasonable and necessary costs related to the treatment of an animal wrongfully injured is an appropriate measure of damages.

    https://www.animallaw.info/case/martinez-v-robledo

    While a measure of damages could exceed the animal's market value, CA is still not awarding anything for emotional damages.

  4. #4
    Join Date
    Oct 2014
    Posts
    7,090

    Default Re: Where Can I Find a Forum for Animal Rights

    Quote Quoting adjusterjack
    View Post
    That's true but in 2011 the CA Court of Appeal held that the owner could recover damages for costs incurred in treating the pet even if the costs exceeded the market value of the cat (CA Civil Code 3330).
    And California is not the only state going in that direction. Other states are beginning to allow recovery of at least some vet bills for injury to pets even though those costs exceed the value the of the pet. They recognize that pets, while property, are distinctly different from things like tables, TVs and computers.

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