When animal owners may benefit from legal advice
The burgeoning field of animal law is good news for the thousands of animal owners in Illinois, many of whom regard their companions as part of the family.
Indeed, many owners spend an increasing amount of disposable income on their companions on items ranging from ongoing veterinary care to the purchase of premium food and novelty items. If something unforeseen happens to Fluffy or Fido, it's natural that the owner may want to seek legal recourse.
When do you need an attorney for issues affecting your companion animal? Here are some possible scenarios:
- If someone seriously harms your animal, the law has traditionally been interpreted to limit your recovery to its market price. This means if you paid $200 at a store, that is the amount you can expect the court to award to you. Recent changes to state law, however, acknowledge that the animal may be worth more than the purchase price.
- If you bring an animal to a veterinarian, the veterinarian should comply with the standard of care for the treatment involved.
- If you bring a live, healthy animal to a veterinarian or a groomer, you have the right to expect the return of your pet in the same manner. If something happens to the animal, the owner may have legal recourse.
- If you purchase a companion animal, and he or she dies or is ill, you may be able to return the animal or at least have the seller be responsible for the animal's medical care or cremation. If you signed a sales contract, you should be able to identify the conditions under which an animal could be returned or the compensation made available.
- If you purchase an animal, and it becomes suddenly ill or dies, you may have legal recourse under the Uniform Commercial Code which spells out the rights and responsibilities of buyers and sellers.
- If you are divorcing a spouse, and you both shared an animal, you should know that the law does not recognize the emotional bonds that people form with their animals.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.