Hastings Law Journal Volume 55 | Issue 4 Article 6 1-2004 Bailment and Teterinary Malpractice: Doctrinal Exclusivity, or Not? Katie J. L. Scott Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Katie J. L. Scott, Bailment and Teterinary Malpractice: Doctrinal Exclusivity, or Not?, 55 Hastings L.J. 1009 (2004). Available at: https://repository.uchastings.edu/hastings_law_journal/vol55/iss4/6 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. Bailment and Veterinary Malpractice: Doctrinal Exclusivity, or Not? KATIE J.L. Scorr* INTRODUCTION This Note highlights an inconsistency in how the law is applied to animals. Animals are considered the personal property of their owners,' and as such, when they are delivered by their owner to a veterinarian, the facts of the situation perfectly satisfy the elements of a bailment relation- ship. Nonetheless, when courts determine negligence by a veterinarian, animals' classification as property is disregarded and bailment principles are not applied. Instead, courts use veterinary malpractice standards.' In doing so, courts treat veterinary malpractice and bailment as mutually exclusive doctrines. Animals' classification as property is usually detrimental to their in- terests, resulting in low damage awards and difficulty obtaining judicial relief. However, in determining liability for negligence by a veterinarian, it would be beneficial to animals to be treated as property because the application of bailment principles would make it easier for their owners to recover damages.