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Why Animal Law Matters: Establishing Animal Law Section in Era of Emerging Issues Rebecca J

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Why Animal Law Matters: Establishing Animal Law Section in Era of Emerging Issues Rebecca J Valparaiso University ValpoScholar Law Faculty Publications Law Faculty Presentations and Publications 3-2009 Why Animal Law Matters: Establishing Animal Law Section in Era of Emerging Issues Rebecca J. Huss Follow this and additional works at: http://scholar.valpo.edu/law_fac_pubs Part of the Animal Law Commons Recommended Citation Rebecca J. Huss, Why Animal Law Matters: Establishing Animal Law Section in Era of Emerging Issues, Res Gestae, Mar. 2009, at 37. This Article is brought to you for free and open access by the Law Faculty Presentations and Publications at ValpoScholar. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. By Prof. Rebecca J. Huss Why animal law matters: establishing animal law section in era of emerging issues I. Introduction III. The development of animal home there is frequently abuse of other family members. Legislation he Indiana State Bar law as a practice area has been passed in several states Association is considering Attorneys have been practicing to ensure that protective orders Tthe formation of an animal in the area of animal law for many can include companion animals. law section in order to provide a years. Although an increasing num- Dog fighting is frequently connect- forum for attorneys interested in ber of lawyers focus or limit their ed to other crimes, including those legal issues relating to animals. This practice to animal law issues, many related to drug and gang activity. article defines animal law and dis- attorneys may deal with these cases Separate from the concern over cusses some of the areas of practice on an occasional basis. the welfare of animals, these factors that deal with animal law issues. Due to the interest in animal serve to raise the profile of animal II. What is animal law? law, it is being offered as a separate abuse cases when resources are course in almost half of the ABA- limited. Animal law can simply be accredited law schools in the defined as any area of the law that A United States. The law schools at Trust and estate law T relates to or impacts animals. Since T Indiana University-Indianapolis It is estimated that 63 percent animal law consists of many differ- E and Valparaiso University offer of U.S. households include at least N ent areas of the law, it is likely the animal law courses on a regular one companion animal. It is also T proposed animal law section could I basis. Even a greater number of estimated that by the end of this O cosponsor activities with many law schools have student organiza- decade approximately $50 billion N existing sections of the ISBA. tions that focus on animal law will be spent each year on the items It is important to contrast issues. for these companion animals. “animal law” with “animal rights” There has also been a signifi- Surveys have shown that 93 percent and “animal welfare.” Animal cant increase in the number of state of people with dogs and cats find rights theory is based on the philo- bar association animal law sections that among the benefits of having sophical belief that animals should and committees in recent years. a pet are companionship, love and not be used in any way by humans. Sixteen state bars have an animal affection. It is no surprise that for Animal rights activists would law committee or section. There many people it is important to oppose the use of animals for food, are several regional bar association ensure that these animals are pro- experimentation and entertain- tected if the owners can no longer ment. Animal welfare focuses on animal law sections and commit- tees, and the ABA’s Tort, Trial & take care of their animals. Indiana humane treatment, including the and 39 other states as well as the prevention of cruelty of animals. Insurance Practice Section has an animal law committee. District of Columbia have statutes Many of the large animal advocacy that allow for the formation of an groups in the United States would IV. Animal law issues that enforceable trust established for properly be defined as animal the purpose of caring for an animal welfare organizations, and polls you may deal with in your current practice or you never or animals. Ind. Code §30-4-2-18 have shown widespread support et seq. of animal welfare initiatives. knew that you practiced Although attorneys that have animal law Family law an interest in animal law may Criminal law A recent poll of the define themselves as supporting American Academy of Issues relating to animals may either animal rights or animal wel- Matrimonial Lawyers already be part of your practice. An fare, animal law is much broader found that 23 percent of obvious example is the prosecution than these two issues. In many attorneys surveyed have of animal cruelty or neglect cases. legal issues involving animals, found a growing occur- There have been several studies that frequently it is the law’s impact rence of pet custody on humans that is at the core link violence toward animals with cases in the last five of the representation. violence toward humans. Studies years. Legislation has Prof. Rebecca J. Huss have not just shown that violence been introduced in a Valparaiso University School of Law toward animals can be a precursor few states to clarify how to violence to humans, but also that Valparaiso, Ind. if there is abuse of animals in the (continued on page 38) [email protected] RES GESTÆ • MARCH 2009 37 ANIMAL LAW continued from page 37 companion animals can be treated with the statement that the “loss of discriminatory legislation). in dissolution cases. a pet dog is only an economic loss Constitutional law issues can arise which does not support a claim of if an animal is removed from an Civil litigation negligent infliction of emotional owner without due process. If a Injuries to humans distress.” Lachenman v. Stice, 838 client is engaged in confined animal N.E.2d 451, 461 (Ind. App. 2005). production, environmental laws Dog bite cases are obviously Plaintiff attorneys in other states may be implicated. a source of litigation. If, as a result have become quite creative in mak- of the case, a dog is deemed to be ing arguments that would allow V. Conclusion dangerous or vicious, more people for the recovery of greater damages Has this article piqued your appear to be willing to actively in these types of cases. interest? An animal law section can defend the alleged actions of their A few states have passed legis- be the place to determine whether dog or dogs, including but not lation that provides for the ability you would like to develop this area limited to using DNA evidence to bring civil cases allowing for of practice. A primary benefit of to prove that their animal was the recovery of specified damages such a section is to provide practi- not at fault. caused by the loss of a pet. Compare tioners who work in the area the It is also not uncommon to Tenn. Code §44-17-403 (allowing opportunity to learn from each see cases relating to injuries due to for damages up to $5,000 for the other. Becoming active in an ani- activities involving equines (despite intentional or negligent death of a mal law section can help you keep the defense of statutory immunity pet) with 510 Ill. Comp. Stat. Ann. on top of the latest trends in this under the Equine Activity Statute). 70/16.3 (allowing for the recovery developing practice area. See, e.g., Anderson v. Four Seasons of veterinary expenses, emotional As with any other section Equestrian Center, Inc., 852 N.E.2d distress and punitive damages of the ISBA, it is anticipated that 576 (Ind. Ct. App. 2006) (dis- capped at $25,000 if the animal attorneys with widely divergent cussing Ind. Code §34-31-5-1). is subject to an act of aggravated ideas and backgrounds would be Injuries to animals cruelty or torture). active in the section. If you would like to be kept informed about the There are conflicting opinions Disability law over whether the number of law- status of the proposed section, suits based on the injury or death The United States Department please provide Maryann Williams, of a companion animal due to of Justice proposed regulations [email protected], with your veterinary malpractice is increasing. amending the Americans with contact information to include Indiana has case law on veterinary Disabilities Act have focused atten- your e-mail and postal addresses. malpractice dating back to 1856. tion on the increasing use of service The issues raised in this article Connor v. Winton, 8 Ind. 315 (Ind. animals in our society. Service ani- are discussed in more detail in 1856). Lawsuits based on negli- mals are not used exclusively by an article by the author, “The gence in other circumstances such persons with physical disabilities Pervasive Nature of Animal Law: as grooming or boarding also but are now being used to assist How the Law Impacts the Lives occur. The recent settlement of persons with mental disabilities. of People and Their Animal Attorneys who represent places of claims arising out of the illness Companions,” in Volume 43 of the public accommodation, housing and death of companion animals Valparaiso Law Review. Additional providers (through the application in 2007 due to tainted pet food is articles relating to the topic can of the Federal Fair Housing Act) another illustration of these types be accessed through the author’s and even educational institutions of cases.
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