You Be The Judge: Wrongful "Dog Death"

WRONGFUL "DOG DEATH"

Steve, while backing his car out of the driveway, accidentally ran over his roommate’s dog, Buster, who was sleeping in the car’s path.

Buster the dog was so badly injured that he had to be put to sleep.

Steve’s roommate Tom sued Steve for $1,000 in damages, to pay for the veterinarian’s bill and for the loss of his beloved pet.

Tom argued that it was negligence because Steve knew that the dog had a habit of sleeping on the driveway and could not hear the car because Buster was deaf.

Tom sought pain and suffering type damages, for the loss of his companion.  

Did the court rule FOR or AGAINST Steve?

The court ruled AGAINST Steve on the veterinarian’s bills, and found that he was negligent in the situation because he could have prevented the accident.

The judge awarded Tom compensation for the veterinarian’s costs, but not for the loss of Buster, as there is no clearly established law in Arizona that allows pain and suffering-type compensation for the loss of a pet.