New York Acknowledges Dogs as 'Immediate Family' in Groundbreaking Ruling

A landmark decision that changes everything for pet owners

Overview

In DeBlase, a woman named Nan DeBlase was walking her son Trevor's dachshund, Duke, through a crosswalk when a driver ran through the stop sign and turned without using his signal, nearly striking Nan but killing Duke. Nan, along with her son, filed suit in Kings County for negligent infliction of emotional distress (NIED).

Previously, damages for emotional distress have not been available to pet owners when their dog has been grievously injured or even killed due to the negligence of a third party. It is well established that parties cannot recover for emotional distress due to the loss of personal property, and for many years courts have held to the archaic legal theory that dogs must be classified as personal property.

However, the Court in DeBlase rightly looked to the change in the societal view of how we as dog owners look at our pets—not as property, but as members of the family. In doing so, they found that Nan could recover for the emotional distress caused by the loss of Duke, and elevated the status of our pets under the law.

The Legal Foundation

In coming to this decision, the Court looked to Greene v. Esplanade Venture Partnership, a landmark decision in New York which analyzed the definition of "immediate family" in light of a grandmother seeking bystander recovery under the "Zone of Danger" principle after witnessing her granddaughter's death. The Zone of Danger rule allows for a party to recover for emotional distress if the party was in immediate physical danger from the defendant's conduct and was an immediate family member to the deceased.

Prior to Greene, a grandparent would not have been considered "immediate family," but the Court in Greene took a common-sense approach and determined that the grandmother was entitled to emotional distress under the Zone of Danger principle, expanding the definition of "immediate family."

Why This Ruling is So Significant

Because Nan witnessed the incident in which Duke was killed and was almost struck by the Defendant's car herself, the Court in DeBlase found that this was sufficient for her to recover for emotional distress under the Zone of Danger principle.

This case represents one of the first times that any Court has expanded the designation of dogs beyond merely "personal property." In fact, the Court in DeBlase went so far as to compare dogs and their importance to a family as akin to children when determining custody in divorce and separation cases, where the Courts must consider the best interest in the dog when making a custody determination.

What About Massachusetts?

While Massachusetts has not yet taken the step that the New York courts have in DeBlase, we are hopeful that the Commonwealth will follow suit in the months and years to come. This ruling will be a useful tool to guide the courts towards bringing Massachusetts' laws closer to recognizing the shift in societal norms in recent years when it comes to our pets.

We know that with continued effort and persistence, Massachusetts will one day join New York in this recognition. Boston Dog Lawyers is combing through our open cases to see if we have one through which we can argue for such a change. We have already been successful advocating that dogs are a special type of personal property.

Where Do We Go From Here?

"The wheels of justice grind slow but grind fine." — Sun Tzu

The Court in DeBlase was very clear in the narrow circumstances under which NIED may be awarded.

While we are thrilled by this unprecedented ruling in New York, we know this is only one of many steps that must be taken to bring the justice system in line with modern society's view of pets in our lives. Without constant vigilance and fierce advocacy, the wheels of justice would come to a halt. Boston Dog Lawyers work tirelessly to ensure this does not occur for you and your dog.

How Boston Dog Lawyers Can Help

The loss of a dog is heartbreaking and overwhelming, particularly when they are taken from you all too soon. At Boston Dog Lawyers, all of our attorneys are dog owners, and we understand that your pet is family.

Our Services Include:

• Comprehensive case review: We investigate the incident thoroughly and develop a strategy that will give our clients the best path to success.

• Expert witnesses: We collaborate with top veterinarians and other experts to evaluate the damages.

• Aggressive legal representation: From civil hearings to appeals, we fiercely represent our clients and their dogs.

• Negotiation and settlements: We explore every option to bring justice to our clients and their dogs.

If your dog has been injured in an incident that was not your fault, reach out to us. At Boston Dog Lawyers, we have a proven track record of successfully advocating for pets and their owners, and we want to help you!

Ready to fight for your pet? Contact us today and let us fight for you and your pet.