ANIMAL LAW IN THE COURTS

Animal law is rapidly developing as a distinct legal discipline, with its own body of caselaw and a growing number of practitioners and academics. Perhaps most importantly, a legion of law students in a growing number of law schools are devoting themselves to protecting animals. The field gained even greater legitimacy with the recent publication of Animal law, the first casebook written on the subject. (Click here for a review and to purchase the book).

The practice of animal law deals primarily with the use of legal proceedings to protect the interests of animals. Although animals themselves do not yet have standing – that is, the right to sue and be sued on their own behalf – people who care about them often do. As a general rule, if a person or group of people can show that they have a real and tangible stake in litigation concerning animals, they can have their grievances heard in a court of law. Groups such as Animal Legal Defense Fund have successfully brought lawsuits to force the federal government to enforce the Animal Welfare Act. Other groups such as the Fund for Animals have sued to prevent the killing of animals by arguing they (Fund members) will suffer as a result of the killing.

Most of my animal cases are more routine, but no less important. Here is a sampling of my animal law caseload:

Dog Defense

Few things are more distressing than having your dog accused of biting, chasing livestock, or other misconduct. When that happens, I represent people at dog bite hearings and court proceedings. Although I strive to help people deal with the administrative or criminal repercussions of these incidents, my focus is saving the lives of the dogs involved. Unfortunately, the law in Oregon can be very harsh when a dog is accused of doing something wrong. Some judges order dogs killed as a means of punishing people. I believe that is unethical, and I am working hard to have the law changed. The rare dog who is chronically aggressive may ultimately have to be euthanized; however, it is my experience that most dogs are basically good. If a dog’s family is dedicated to making sure an incident does not happen again, the dog should be given another chance. If necessary, I help find suitable new homes for dogs as a means of saving their lives.

Animal Injury or Death

The law provides for recovery of damages when an animal is killed by the acts or omissions of another. Animals have suffered and died due to veterinary malpractice, badly dispensed prescriptions, and mishandling by kennels, stables, groomers, and even airlines. Most states have held that the damages recoverable in these situations equal the market value of an animal. For someone who has lost a longtime animal companion, recovering market value will do little or nothing to compensate them for their loss. Judges are usually unwilling to change centuries of common law, and many have refused to award damages for loss of companionship. Real change in this area will likely be up to legislatures. Until then, there are other ways to seek redress, such as through punitive and emotional distress damages. Whether your animal was injured or killed intentionally or through the negligence of another, you may be entitled to damages far in excess of your animal’s market value. I know what it’s like to lose an animal who was a member of the family. I am glad to help people know their legal rights when it happens.

Animal Attacks

Animals can and do cause tremendous injury to people. If a person has reason to know their animal has dangerous propensities, they must take care to prevent injuries to others. If they fail to do so, they can be held liable for money damages. I represent people who have been hurt by animals that could have been easily restrained or controlled. In these cases, I do not hold the animals responsible. I hold people responsible for not being careful.

Criminal Law

Criminals who cruelly mistreat or kill animals should be aggressively prosecuted. Police and prosecutors are taking these crimes more seriously than ever before, because they understand that people who intentionally hurt animals are more likely to hurt people, including their spouses and children. I help prosecutors with legal research and other assistance to secure convictions in these cases. I also arrange to help law enforcement agencies investigate abuse and neglect cases.

Estate Planning

People usually want to provide for their animal companions in the event of their death. Because animals are still legally classified as property, they cannot be the beneficiaries of a will or trust. Among other options, however, animals can be left to worthy individuals or sanctuaries along with a cash bequest to guarantee their care. I advise clients on steps to assure that their animals are happy and well cared for long after their owners are gone.

If you would like to contact me with legal questions or wish to discuss animal welfare issues, I would love to hear from you. Please use the contact information below. 

P.O. Box 700
Waldport, OR 97394
Tel: 541 563-5447
Fax: 541 563-5497
sbeckstead@animal-law.com

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