Most people who have ever owned a dog don’t consider their canine counterpart to be property; they’re part of the family.
However, until recently, at least from a legal standpoint in New York, that wasn’t the case. But according to a new ruling by a Brooklyn Supreme Court judge, pet dogs may now be considered immediate family under New York law.
Justice Aaron Maslow’s ruling was in regards to the case of a dachshund named Duke, who was tragically struck by a car and killed on July 4 two years ago.
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According to the decision, Nan DeBlase was walking her son Trevor’s four-year-old Duke when she was crossing the street. In the court papers, DeBlase said a driver made a left turn without stopping at the intersection’s stop sign or using his turn signal, hitting Duke and ultimately causing his death.
Based on Justice Maslow’s ruling, Duke’s family should be eligible for a type of compensation that was previously limited to those who witness a human family member being injured or killed. This included parents, children, spouses, grandparents and grandchildren. However, now, it can also apply to pet dogs.
While Trevor can still only receive compensation for vet bills related to Duke’s death and Duke’s value since he wasn’t there, Nan DeBlase is eligible to receive broader damages for emotional distress since she was present at the scene, not to mention tethered to Duke via leash.
According to legal experts, this is a groundbreaking ruling.
“The legal status of animals is currently undergoing a really important transformation, and this is part of a larger shift in how the law sees and treats animals,” Christopher Berry, executive director of the Nonhuman Rights Project, told Gothamregarding the ruling. “We’re moving from an outdated view of animals as mere things, to recognizing them as individuals who matter.”
Maslow did note that the ruling will only applying to pets being walked on leash when they get hit by a car, specifically dogs, per Gotham.
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