My neighbor had been very critical of my dog. She complained that my dog howls incessantly and sometimes keeps her awake. My neighbor also threatened my dog in my presence. When I took my dog to the vet for an illness, I discovered she was poisoned. She has since died. I want to sue my neighbor for emotional distress I suffered as a devastated surviving family member. Do I have a claim?
No, you do not have a claim.
Liability
First, you must show that your neighbor had anything to do with your dog’s death. You said that your neighbor did not like your dog. But can you prove that the neighbor poisoned the dog? What was the type of poison ingested? How was the poison ingested? Did your neighbor ever have access to your dog in order to poison it?
Chattel
You may have considered your dog to be part of your family, but according to the law, pets are not part of your family. Pets are considered chattel, personal property. As far as the law, pets are no different than any other possession in your house. Thus, if you could show your neighbor caused your dog’s death, then you could recover items like vet bills or the cost to replace your dog. (Some dogs may cost tens of thousands of dollars, but a rescue dog does not have much monetary value.)
Emotional Distress
As stated in the previous paragraph, under the law, your dog is not part of your family. You cannot recover for your emotional distress because you lost your dog. Fowler v Ticonderoga, 131 AD2d 919, 516 NYS2d 368 (3d Dept 1987).
The four elements of a claim for emotional distress are (1) extreme and outrageous conduct; (2) intent to cause severe emotional distress; (3) a causal connection between the conduct and injury; and (4) severe emotional distress. Unfortunately for you, the claim for emotional distress does not include the intentional destruction of personal property causing you emotional distress.
By James Santner, Esq.
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