Pets are Companions and Property

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It was a pleasure to meet you last week, although I am sorry it was under such sad circumstances. Following our meeting, I researched the law in New York; unfortunately, the law only recognizes pets as property. This therefore limits our ability to recover damages, however it does not rule out recovery entirely. From my research if we were able, to prove negligence we would have a legal claim against Mr. Stewart for loss of companionship. It may nevertheless be difficult to prove Mr. Stewart acted negligently. I therefore believe we have a reasonable chance of recovery if you decide to pursue legal action.
Before we discuss the law and your legal alternatives, I would like to review my understanding of the facts so that I can confirm that I have the accurate understanding of what happened. As you may know the factual background of any legal case is critically important, as lawsuits are often won or lost based on factual nuances. I am uncomfortably aware of how painful it must be thinking back to the tragic incident; however is important that my understanding is correct. Please let me know if my understanding of the facts is incorrect in anyway.
As I understand the facts, on January 15 2014 your 10-year-old mix lab golden retriever was as he often did playing in your fenced in backyard. When you went to backyard to find him you saw that had managed to jump over the fence. You believe he climbed onto your flowerbeds, which are 2 feet off the ground. You told me that he had jumped the fence when he was younger but he has not done it in years. You believed that since he was older it would be hard for him to be able to make the jump.
You then went over to the front of your house and, continued to call his name. You ...

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...e apparitions flying in the face of overwhelming authority to the contrary”. Therefore even though you as most people do recognized him as a member of your family the courts will not.
This means you will not be able to get damages for watching Sam die. The courts are always very skeptical in giving money to someone who witnessed an accident that caused the death or serious injury to the victim. The only circumstance where court will award damages is when the victim the plaintiff saw was a member of their family or friend. The courts have even ruled that plaintiffs cannot receive damages for mental suffering and emotional disturbance for the loss of property.
We will be able to recover for loss of companionship. The courts have ruled that in cases were negligence caused the loss of a pet, plaintiffs are able to recover damages stemming from loss of companionship.

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