N.J. May Give Pet Owners Right To Sue

Bill Would Allow Lawsuits For Pain And Suffering If Animal Dies From Eating Contaminated Food

(CBS/AP)  New Jersey on Monday will consider giving pet owners the right to sue for emotional pain and suffering if an animal gets sick or dies from eating contaminated pet food.

Joyce Tischler, founding director of the Animal Legal Defense Fund, said New Jersey would become one of the few states in the nation to allow such lawsuits. She said Tennessee allows pet owners to sue for up to $5,000 in damages. New Jersey's proposal includes no damage limit.

"This would be a significant step forward in state legislation," Tischler said.

New Jersey Assemblyman Neil Cohen said his bill would change the legal standard that generally regards pets as property.

"For many pet owners, losing a dog or cat to tainted food is tantamount to losing a loved one to a preventable tragedy," Cohen said.

Veterinarians have opposed similar proposals in other states, arguing that such laws would increase consumer costs and encourage frivolous lawsuits.

Cohen's bill is set to be considered Monday by an Assembly committee. He said he wrote it following March's nationwide pet food recall.

More than 150 brands of pet food were recalled because they were contaminated with melamine, an industrial chemical. The contamination caused the deaths of an unknown number of dogs and cats.

Canada-based pet food maker Menu Foods Inc. has said it faces more than 50 lawsuits following the recall. But Tischler said such those filing such lawsuits will likely only be able to pursue the market value of a pet.

"Unless you live with Rin Tin Tin, in most instances that's de minimis value," she said.

One such lawsuit is being pursued in Missouri by a man who blames contaminated pet food for his dog's deathly illness. He has sued two food companies and Wal-Mart.

Richard Schwinger is seeking class-action status for the lawsuit filed last Tuesday in U.S. District Court in Springfield. Attorney David Payne of Cassville represents Schwinger, whose dog was euthanized in March.

Named as defendants are Menu Foods, Del Monte Foods; and Wal-Mart, which the complaint states is the single largest distributor of Menu Foods' products.

Schwinger alleges that his dog Sandy, an otherwise healthy 2-year-old, had to be euthanized as a result of eating Menu Foods' Ol' Roy Pet Food and Del Monte's Canine Carry-out Bacon Bite, which were purchased at a Wal-Mart store in Cassville.

Schwinger said Sandy's health began declining in late February and early March, but that he continued offering the dog the same food, unaware that it was contaminated.

In mid-March, a veterinarian told Schwinger that Sandy was suffering kidney failure due either to tainted pet food or a family history of kidney failure, the lawsuit said. Sandy's breeder said there was no such history, according to the lawsuit.

Schwinger said the veterinarian eventually told him his dog was suffering so much that it should be euthanized, which was done, the lawsuit said.

The lawsuit alleges that the defendants failed to prevent the distribution of tainted pet foods after the discovery of contaminated wheat gluten in their ingredients.

John Simley, a Wal-Mart spokesman at the company's offices in Bentonville, Ark., said Wednesday by phone that Wal-Mart could not comment because it had not yet been served with the lawsuit.

Del Monte and Menu Foods both declined to comment. "We are not commenting on any of these lawsuits," Menu Foods spokesman Sam Bornstein said.

Meanwhile, Menu Foods and another leading manufacturer, Chenango Valley Pet Foods, are phasing out the use of ingredients from China, USA Today reported.

[susanhelit]

The value of a pet, or any animal is not just what you paid for it. At the very least, it is what you paid, plus everything you've spent on pet food, vet visits. But really, it is a living creature, and to just reduce it to a piece of property is not right. The harm done is more than the $20.00 you may have given some family for their cute fluffy kitten 10 years ago, when your constant companion and consolation for 10 years is taken from you.

[sevenveils]

A pet is an animal. A pet is property.
Some people become emotionally attached to their possessions to the point of being ridiculous. This is one of those points.

[davegf]

Sevenveils, you have really impressed everyone with your comments. You sound very powerful and strong. A real "tough guy".

yawn

Here's a fact for you. Humans are animals too. Nothing more. Extremely destructive and self-destructive animals who's total time on this planet is insignificant compared to millions and millions of other animal species. Even the dinasours roamed the earth for a few hundred million years compared to the human's roughly 5 million year existence. Humans are really only a step away from the apes. Yes, that's what you are...an ape.

100% positive you are a silly bible thumper, and that' swhy you made your completely illogical comments. You think that because an old book of silly superstition tells you so, that humans are so special that they own everything.....and sometimes even other human animals.

People with genes like you only serve to hold back the evolution of the human animal.

[ampsanne]

We are all creatures of God. Be it human or animal. Yes some of us treat our animals as part of the family. Sounds like someone is afraid of showing their love for anything. Funny that they have found that if you own an animal that it lowers your blood pressure. Also they now allow pets in nursing homes. If as a human I'm sure if you were eating contaminated food you would sue. Makes me wonder now if some of my pets that passed away in the last several years died from this sontaminated food. Evidetntally Sevenveils never had a pet to love and understand what pets mean to their owners.

[ralan40]

One could argue about the value of pets blah blah blah but regardless, Keep in mind of some facts about this story...first, this is just a proposal for legislation, there is no law. Second, even if something is passed, it can't be used on a retroactive basis. This story means nothing, laws are proposed all the time. So go ahead and waste your efforts bashing the bible when no one mentions it. The bible must have been a strong influence in your life, DaveGF if you can see it in comments like sevenveils. Extremist attitudes like yours is what is holding evolution back. I'm 98% positive you are an idiot given all the absolutes you are spouting. So I'm giving you some form of validation since that is what you are desperately seeking, here

[michelle4011-2009]

Women used to be regarded as property, and in many countries in the middle east still are. That doesn't mean it's right does it. Animals are not property. They are living, breathing, emotional creatures, that feel, hear, see, smell and communicate just as we do.

I don't care how long it takes for the legislation to pass, in both the US and Canada, as long as it does.