The recent recall of peanut butter that has affected all sorts of human products has now impacted the pet industry. PetSmart is removing seven types of its Great Choice Dog biscuit products from its shelves. Although there have been no known cases of pet illness due to the ingestion of the peanut paste that may contain salmonella, PetSmart is removing the product as a precautionary measure. The packages range from 32oz to 10lbs and were sold between August 21, 2008 and January 19, 2009. If you have a concern you can call and verify the information.

The recent recall brings back the tainted pet food memories of last year. That incident brought forward one of the most noticeable case action lawsuits in recent years. Most noteworthy were the decisions made about the value put on a family pet.

Most pet owners view their pet as a member of the family. In some cases they are the children of the family, or the best friend, or the companion to the lonely. They fill a unique spot that is hard to describe, and even harder to put a value on. What would you do if a member of your family was hurt or killed by someone else’s negligence or act of violence? When the family member is an animal the law gets somewhat murky.

Illinois law can, for instance, treat a pet as if it were a car or other personal property. The car devalues driving it off the lot. If it is worth $3000 at the time of an accident or negligence, you are not going to get the purchase price of $10,000 awarded to you. So how much is a 10 year old mixed breed dog worth if injured by a neighbor’s dog, or in the above case, a pet food company? What made the tainted pet food cases more heartbreaking was that, in most cases, it was the owner that had given the pet the poisoned food. Most courts would rule that the market value for a 10 year old dog is negligible. Most people wouldn’t pay much for a 10 year old dog, unless that dog is a member of your family. You are probably willing to spend whatever it takes to make the dog whole again, even if it means taking out a loan to do it. But the court may rule that the dog is worth $50. What then?

It appears it depends upon the state, the court, and the attorneys involved. Some states can award punitive damages. Some attorneys are arguing that the value of a pet is unique and can’t be judged as you would personal property. Illinois courts may rule that a pet may be seen as more than property and an owner can also sue for sentimental value. Over the last several years more and more courts are demonstrating that owners may sue for loss of companionship, mental suffering, emotional distress etc. Initially the majority of these cases were about “companion” animals for the disabled. More recently however, courts are finally realizing that the loss of a pet, not just a companion animal, is a very real loss, in every sense of the word. In a lot of families the pet sleeps with another family member, goes on vacations, receives gifts for Christmas and is even in the family photo. In my family my daughter’s senior picture was taken with “her little brother” Dugan.

A lot of these decisions have been made in lower courts; however the animal law movement is finally beginning to gain ground. The shift in thought about a pet’s value appears to have started in 2000. Since then more and more animal law attorneys have surfaced, with prestigious law schools like Harvard and Georgetown offering courses in the field. The public is hearing about more and more of these cases and they are taking notice of the outcomes. I have am listing several sites that will give you specific cases and rulings. The outcomes are varied and seem to change daily. As with any change in legislation it takes public interest and action to implement the changes. Be vocal and make yourself knowledgeable about the court decisions in your area.