Pets’ legal value may be on rise

PORTLAND – The death of the family dog is always upsetting, but one Oregon family wants $1.6 million from a neighbor for their suffering.

In addition to economic and punitive damages, Mark Greenup and his family in Estacada are asking a jury to award them compensation for the loss of companionship of their pet, which died after being run over by a neighbor.

Loss of companionship is a claim typically reserved for human relationships.

Legal experts are closely watching the case. They say if the family wins the lawsuit and subsequent appeals, that could help break the long-standing tradition of defining pets as property.

“Society recognizes that there can be a strong bond with people and their animals,” Sonia Waisman, a Los Angeles attorney and co-author of an animal law casebook, told the Associated Press.

“A number of courts have said this but they stopped short and said pets are property.”

Grizz, a cocker spaniel and Labrador retriever mix, was run over by Raymond Weaver in 2004 and had to be euthanized.

Weaver’s attorney, Larry Dawson, said the incident was an accident.

But Greenup and his family say Weaver drove over Grizz several times and didn’t stop when they called out to him or when they tried to drag the dog out from under the truck.

A Clackamas County Court convicted Weaver of animal abuse and reckless endangerment of another person last year in the criminal case.

A jury trial for the civil case begins today to decide if the family should be compensated.

Pet owners are typically compensated for the value of the animal and specific expenses such as veterinary care in such lawsuits.

Geordie Duckler, the animal law attorney for the Greenup family, said he is confident he can convince the jury that the relationship merits further value and open the door for other wronged pet owners.

“A pet is something more than property, and people deal with pets differently than TVs or cars,” Duckler said. “People who wouldn’t be distressed over the loss of a car would be at the loss of a dog.”

The judge could still decide to dismiss the claim. And Dawson said he will likely appeal a decision against his client.

But the fact that the claim moved this far is notable, said Laura Ireland Moore, executive director of the National Center for Animal Law at Lewis & Clark Law School.

“Animal law as a field is really a growing field of law,” Ireland Moore said.

“And that is expanding pretty quickly in recognition that our laws do not adequately reflect our relationships with animals.”