Injuries to Pets as Companions: Compensable?

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Civil Code section 3355 allows a plaintiff to recover additional damages if property has a peculiar value. However, that peculiar value does not extend to sentimental value such as an animal companion. It extends only to economic value. McMahon v. Craig (2009) 176 Cal.App.4th 1502, 1518. For example, the economic value of a dog could be its pedigree for breeding or its ability to win dog shows. Roos v. Loeser (1919) 41 Cal.App. 782. A cow’s value could be for its meat or for its ability to breed. King v. Karpe (1959) 170 Cal.App.2d 344. All cases reject the notion of extra damages for sentimental attachment.

So, what’s love got to do with it? Nothing.

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  • patty6th July, 2012
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    Crazy story. Keep them coming. grin

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