MY DOG IS PROPERTY, NOT A PERSON IN NEW JERSEY?

It is common for dog owners to consider their beloved pet a part of their human family. In addition to providing the necessary food, water and shelter, pet owners often depend upon animals for companionship and emotional well being. Unfortunately for many pet lovers ,the courts continue to maintain the position that regardless of the owner's emotional attachment, pets are simply personal property. In July, 2012, the Supreme Court of New Jersey was presented with McDougall v. Lamm, wherein a dog owner sought to recover money damages for the emotional distress that stemmed from the observance of her pet dog's violent death. A plaintiff is entitled to damages if he or she observed the traumatic death of a close family member. See Portee v. Jaffee, 84 N.J.88 (1980). The plaintiff in McDougall argued that due to her close relationship with her dog, it should be considered a family member, thus entitling her to damages under Portee. This case study should afford students the ability to (1) articulate the progression of case law pertaining to the recovery of money damages for emotional distress caused by the observation of harm to a loved one (2) understand the possible ramifications of extending the law to pets and (3) determine whether the current law is antiquated. [ABSTRACT FROM AUTHOR]