My thoughts related to the previous entry
Dec. 19th, 2009 01:30 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
draggonlaadyAbout the suit for emotional damages brought by a couple whose dog was shot...
http://draggonlaady.livejournal.com/230454.html
Currently, animals are regarded in law as a special category of chattel. They're not like a table, you can't take an ax to them with no penalties, but they are also not regarded as equal to humans (even underage or mentally incapable and therefore have restricted liberties/rights). You can sue for financial loss (fair market value, expected production, bills accrued as a result of someone else's actions), but not for "loss of companionship".
If a court rules that you CAN collect "loss of companionship" suits on animals, it opens up a whole subscription of issues that most people don't think about when they call Fluffy "our baby."
Lots of good comments from folks on the original post. Here are mine:
I'll pose a few more questions for you on the euthanasia topic.
Assuming that it would still be acceptable to euthanize at all, would it only be acceptable in the same situation that is beginning to be accepted for humans? strictly in advanced, terminal disease? (which is supposedly an option in Washington now, but since every single hospital within a few hundred miles of here is Catholic run, and they've flat said "well, look. cute law. We don't care though, we will not offer that in any of our facilities." and so far nobody's thrown a fit about that, it's not REALLY available around here....sorry, tangent.) What about seriously injured or sick animals that could probably be saved, but the owners don't have the money, or the ability to take on the after care? Would it be illegal to euthanize in those situations? Would regarding animals as equal to humans require that the family bankrupt themselves saving the life of a dog they couldn't properly care for anyway, because it COULD be saved and therefore could no longer be put down? right now, it's legal to euthanize pretty much any animal. and while I think it is despicable to put away a cat because it's the wrong color, a person wouldn't go to jail for it. So where is the line of what's acceptable reason to euthanize if the animal is now a family member? who decides where that line is? can i euthanize a diabetic cat that could be treated, but who is so fractious that treatment poses a danger to the owner?
Will human health insurance companies now be required to offer veterinary coverage? there are several veterinary insurance companies now... do those get taken over by human companies? who pays for that? individuals with the pets, or does it become another job benefit that companies have to shoulders?
Could you still sell animals? Wouldn't this put pet stores out of business, because you can't sell family members? I suppose shelters would be re-styled as orphanages... but what about aggressive/unadoptable animals?
And would this be limited to dogs and cats? what about other fairly common indoor pets? what about outdoor pets? is the pony a companion animal? what about the emu? who decides? who draws those lines?
http://draggonlaady.livejournal.com/230454.html
Currently, animals are regarded in law as a special category of chattel. They're not like a table, you can't take an ax to them with no penalties, but they are also not regarded as equal to humans (even underage or mentally incapable and therefore have restricted liberties/rights). You can sue for financial loss (fair market value, expected production, bills accrued as a result of someone else's actions), but not for "loss of companionship".
If a court rules that you CAN collect "loss of companionship" suits on animals, it opens up a whole subscription of issues that most people don't think about when they call Fluffy "our baby."
Lots of good comments from folks on the original post. Here are mine:
I'll pose a few more questions for you on the euthanasia topic.
Assuming that it would still be acceptable to euthanize at all, would it only be acceptable in the same situation that is beginning to be accepted for humans? strictly in advanced, terminal disease? (which is supposedly an option in Washington now, but since every single hospital within a few hundred miles of here is Catholic run, and they've flat said "well, look. cute law. We don't care though, we will not offer that in any of our facilities." and so far nobody's thrown a fit about that, it's not REALLY available around here....sorry, tangent.) What about seriously injured or sick animals that could probably be saved, but the owners don't have the money, or the ability to take on the after care? Would it be illegal to euthanize in those situations? Would regarding animals as equal to humans require that the family bankrupt themselves saving the life of a dog they couldn't properly care for anyway, because it COULD be saved and therefore could no longer be put down? right now, it's legal to euthanize pretty much any animal. and while I think it is despicable to put away a cat because it's the wrong color, a person wouldn't go to jail for it. So where is the line of what's acceptable reason to euthanize if the animal is now a family member? who decides where that line is? can i euthanize a diabetic cat that could be treated, but who is so fractious that treatment poses a danger to the owner?
Will human health insurance companies now be required to offer veterinary coverage? there are several veterinary insurance companies now... do those get taken over by human companies? who pays for that? individuals with the pets, or does it become another job benefit that companies have to shoulders?
Could you still sell animals? Wouldn't this put pet stores out of business, because you can't sell family members? I suppose shelters would be re-styled as orphanages... but what about aggressive/unadoptable animals?
And would this be limited to dogs and cats? what about other fairly common indoor pets? what about outdoor pets? is the pony a companion animal? what about the emu? who decides? who draws those lines?
