An Act To Allow a Pet Owner To Collect Noneconomic Damages for the Death of a Pet

Sec. 1. 7 MRSA §4021  is enacted to read:

§ 4021.  Damages for death of pet

summary

This bill creates a cause of action for noneconomic damages to be collected by a pet owner when another person or the person's animal kills the pet or injures the pet and the injuries lead to the death of the pet. The person must have been acting unlawfully and either intentionally or negligently. If the person's actions were negligent, the death or fatal injury must have occurred on the property of the pet owner or caretaker or while the pet was under the control and supervision of the pet owner or caretaker. Damages are limited to $5,000 for the loss of the reasonably expected companionship, love and affection of the pet. The $5,000 limit does not apply to causes of action for intentional infliction of emotional distress or any other civil action other than the direct and sole loss of a pet.

The bill does not apply to a nonprofit entity or governmental agency, or its employees, negligently causing the death of a pet while acting on the behalf of public health or animal welfare, and it does not authorize an award of noneconomic damages in an action for professional negligence against a licensed veterinarian.

The existing Animal Welfare Act defines "pet" as a dog, cat or other domesticated animal commonly kept as a companion, but "pet" does not include tamed animals that are ordinarily considered wild animals or livestock.