DOG DAMAGES: THE CASE FOR EXPANDING THE AVAILABLE REMEDIES FOR THE OWNERS OF WRONGFULLY KILLED PETS IN COLORADO

Logan Martin

For most people, the death of a loved one can have devastating emotional consequences.  This is especially true where the person’s death was the result of an accident caused by the negligent, or worse, malicious actions of another person.  In most of these situations, both common law and statutory law usually provide some means of compensation for the surviving party.  However, when the dead loved one is not another person, but rather a pet or companion animal, the owner’s recovery is usually very limited.  This Comment argues that such limited recovery is inappropriate and that Colorado should adopt a rule allowing the owners of wrongfully killed pets to recover emotional distress damages.  It pays special attention to the history of the legal status of companion animals and questions whether the original rationales for conceptualizing pets as property are still applicable today.  It then looks at the theory behind various types of damage awards in general, and suggests that the pets-as-property rule is inconsistent with modern theories of tort compensation.  Finally, it proposes a rule that would expand the bases of recovery for the owners of wrongfully killed pets.  The Comment analyzes arguments that have been put forth both in favor and against such an expansion, and concludes that the arguments raised in its favor are sounder.