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Compensating Companion Animal Owners for Veterinary Malpractice Through an Alternative Dispute Resolution Mechanism (Report)

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eBook details

  • Title: Compensating Companion Animal Owners for Veterinary Malpractice Through an Alternative Dispute Resolution Mechanism (Report)
  • Author : Journal of Social Sciences
  • Release Date : January 01, 2011
  • Genre: Social Science,Books,Nonfiction,
  • Pages : * pages
  • Size : 220 KB

Description

INTRODUCTION Arizona and California veterinarians had reason to cheer in 2009 when courts declined to allow pet owners to receive damages for emotional distress due to the death of their pets. The California court found "no basis in policy or reason to impose a duty on a veterinarian to avoid causing emotional distress to the owner of the animal being treated," and declined to recognize a tortuous cause of action to recover for emotional distress McMahon v. Craig. In the Arizona case, the court noted the unreasonableness of expanding tort law to allow pet owners to recover emotional distress or loss of companionship damages Kaufman v. Langhofer. The results are consistent with other cases and the valuation of animals as property. Yet, lawsuits suggest that some pet owners will continue to advance arguments for damages when they believe veterinarians did not adequately respond to their pets' needs (Hannah, 2000; Hankin, 2007).


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