Question

Questions 40 - 41 are based on the following fact pattern:

Poor “Lucky,” the 12 year-old recently neutered, partially blind pit bull with a missing right ear, and missing tail, his luck finally ran out – a car accidentally ran a stop sign and ran over Lucky while he was being walked by his owner.   Lucky’s owner was not injured. Lucky’s owner rushed Lucky to the veterinarian and received a $10,000 bill. The owner’s best friend, Lucky, could not be saved.

40.    What damages are available to Lucky’s owner.

a. The fair market value of a 12 year-old recently neutered, partially blind pit bull with a missing right

ear, and missing tail.

b. Emotional distress damages for witnessing Lucky being run over by a car.

c. Loss of companionship damages

d. $10,000 for the veterinarian bill.

e. A and D are correct.

ANSWER: __________

41.    Under California law, Lucky is considered to be:

a.     Personal property entitling the owner to economic damages for Lucky’s death.

b.     Unique property entitling the owner to non-economic damages for Lucky’s death.

c.     Special property entitling the owner to economic and non-economic damages for Lucky’s death.

d.     Unique property entitling the owner to special damages for Lucky’s death.

ANSWER: __________

Answer 1

e. A and D are correct.

The owner of the injured dog or cat can seek a reduction in the animal's market value as damages. The reduction of the animal's market value means the owner of the dog or cat will be compensated for the difference between the animal's market value prior to and after the injury. Further, the injured dog or cat owner can still recover reasonable and necessary damages incurred for the animal's treatment following the injury, including all medical, pharmaceutical, and boarding costs.

a.     Personal property entitling the owner to economic damages for Lucky’s death.

California classifies dogs, cats and, indeed, all animals, as the personal property of the owner.the California courts have given economic relief to animal owners whose pets are injured by other humans.