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May 21, 2007 2:28 pm US/Eastern
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N.J. Mulls Letting Pet Owners Sue For Suffering
TRENTON, N.J. (CBS/AP) ―
New Jersey will consider Monday whether to give pet owners the right to sue for emotional suffering if their dog or cat gets sick or dies from eating contaminated pet food.
The measure to expand pet owners' rights was written by Assemblyman Neil Cohen, an avowed dog lover, following March's nationwide recall of contaminated pet foods. It would make New Jersey one of the first states to permit pet owners to seek compensation for the emotional loss of their pet.
Under current law, pets are considered personal property, meaning owners can try to recoup only what they paid for the animal.
"For many pet owners, losing a dog or cat to tainted food is tantamount to losing a loved one to a preventable tragedy," said Cohen, a Union County Democrat, and the owner of Ginger, a 13-year-old blind and diabetic miniature Schnauzer.
Canada-based pet food maker Menu Foods Inc. said it faces more than 50 lawsuits following the massive recall of toxin-tainted pet food. Because pets are legally considered personal property, such lawsuits -- even if successful -- will only recover the market value of the pet, said Joyce Tischler, founding director of the Animal Legal Defense Fund.
More than 150 brands of pet food were recalled because they were contaminated with melamine, an industrial chemical. The contamination caused the deaths of an unknown number of dogs and cats.
Cohen's bill, which was to be considered by the Assembly Agriculture and Natural Resource Committee, would significantly increase the amount pet owners could recoup from manufacturers of tainted pet foods. The bill would allow owners to sue for the value, in current dollars, of the pet; veterinary expenses; burial expenses; animal training costs; and up to $15,000 for the loss of companionship.
Tennessee is the only state that currently authorizes damages for emotional losses. The maximum allowable award is $5,000.
Two other states, Connecticut and Illinois, allow pet owners to sue for punitive damages following a criminal animal cruelty conviction, according to Michael Markarian, executive vice president of the Humane Society of the United States. Massachusetts is considering a proposal similar to New Jersey's, he said.
"We believe that any progress on this issue is a positive outcome for pet owners and that the law should recognize that pets are worth more than their dollar value," said Markarian.
Cohen said his proposal creates a binding arbitration panel to settle disputes between pet owners and pet food manufacturers, so as not to further clog already overcrowded courts.
Pet owners would be able to sue retailers if they failed to remove recalled food from store shelves or otherwise acted in bad faith, he said.
(© 2007 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)