Frankie The Law Dog

Under Florida law, dogs and other pets are considered personal property.  This means that, in general, when a veterinarian negligently causes the death of your dog, you may recover the replacement value of the dog.  If veterinary malpractice causes injury to your pet, you may recover expenses related to reasonable medical costs.

Are Pets Mere Personal Property?

Veterinary Malpractice in Florida

But pet owners know that pets are more than mere property.  As pet owners, we know that our dogs and cats are not fungible in nature, like pencils, for instance.  We mourn the loss of a beloved animal companion similar to the loss of a friend or family member.  Pet owners have bonds with their animals that they don’t have with inanimate objects.

Nevertheless, in Florida, as in most other states, our animal companions are treated under the law much the same as the law treats inanimate objects:  as property.  Therefore, under most circumstances, a dog owner who loses his or her pet through negligent veterinary malpractice in Florida will not be compensated for emotional damages (pain and suffering).

Emotional Damages for Veterinary Malpractice:  Florida’s “Impact Rule”

The reason most dog owners will not be compensated for their emotional distress in cases of veterinary malpractice has to do with Florida’s “impact rule.”  Under Florida’s impact rule, a person claiming negligent infliction of emotional distress must demonstrate that the emotional distress he or she suffered came about because of some type of physical impact with the plaintiff. 

Florida courts make an exception to the impact rule when the psychological trauma and mental distress the plaintiff experiences are the result of seeing or otherwise directly perceiving a close family member get injured by someone’s negligence.  Nevertheless, pets are not considered family members under the law; they are considered personal property.  Therefore, this exception to the impact rule will not assist animal owners.

Intentional Infliction of Injury to the Pet

Intentional infliction of injury to someone’s pet is a different story.  In at least one decision in Florida, the court held that when someone intentionally injures or kills an animal, there is no need to prove a physical impact on the plaintiff. 

But the intentional infliction of emotional distress still requires a malicious intent to cause severe emotional distress.  The intent involved is more than just the intent to cause the death of the animal; it is the specific intent to cause extreme emotional distress to the animal owner.

In the 1964 case of La Porte v. Associated Indeps., Inc., the Florida Supreme Court stated, “Without discussing the affinity between ‘sentimental value and mental suffering’ we feel that the affection of a master for his dog is a very real thing and that the malicious destruction of the pet provides an element of damage for which the owner should recover.”

Veterinary Malpractice in Florida

Florida, like most other states, treats pets as personal property.  Because pets are personal property, compensation for veterinary malpractice is tied to the market value of the animal for replacement or the reasonable cost of medical treatment for an injury. 

Compensation for negligent infliction of emotion distress on the pet owner is not permitted due to Florida’s impact rule.  Compensation for intentional infliction of emotional distress will be allowed only with proof that the veterinarian specifically acted with malicious intent to inflict severe emotional distress on the pet owner.

Sources:  Bennett v. Bennett, 655 So. 2d 109 (Fla. 1^st DCA 1995)(holding that pets are personal property under Florida law); Kennedy v. Byas, 867 So. 2d 1195 (Fla. 1^st DCA 2004)(ruling that Florida’s “impact rule” prevents recovery for negligent infliction of emotional distress in veterinary malpractice cases without proof of physical impact on the plaintiff pet owner); La Porte v. Associated Indeps., Inc., 867 So. 2d 1195 (Fla. 1964).

Take the Dogs to Florida's Wilderness Parks

Even the most pampered house dog loves getting outside into nature and sniffing out new adventures.  In West Central Florida, there are plenty of opportunities to get your pooch out into the wilderness. 

Dogs are Welcome in Many Florida Wilderness Parks

Thanks to the preservation efforts of the Southwest Florida Water Management District, there are approximately 10,000 square miles of beautifully preserved Florida lands in 16 counties in West Central Florida.  The land has been preserved to protect Florida’s delicate ecosystem and natural water cycles.  Nearly all of this land is available for public use and recreation.  The parks within the District provide opportunities for hiking, bicycling, bird watching, camping, horseback riding, boating and fishing.

Hiking With the Dog in Florida's Wilderness Parks

Best of all for dog owners, many of the parks within the District are dog-friendly.

Dogs Are Welcome in Many of Florida’s Most Beautiful Wilderness Parks

There are 15 parks within the Southwest Florida Water Management District territories that allow dogs.  In Hillsborough County, eight of the District’s parks are dog-friendly.  These include:

• Edward Medard Park and Reservoir
• Dead River Park
• Flatwoods Park
• John B. Sargeant Park
• Morris Bridge Park
• Off-Road Loop Trail
• Trout Creek Park
• Tampa Bypass Canal

J.B. Starkey Wilderness Park is Dog-Friendly

Pinellas and Pasco Counties each have two dog-friendly parks within the District.  Pinellas County has Cliff Stephens Park and Sawgrass Lake Park.  In Pasco County, dog lovers will enjoy J.B. Starkey Wilderness Park and the Withlacoochee River Park.

Charlotte, Citrus and Sarasota Counties each have one dog-friendly park within the District.  These are:

• Charlotte Harbor Preserve State Park in Charlotto County
• Chassahowitzka River and Coastal Swamps in Citrus County
• Myakka State Forest in Sarasota County

Rules for Dogs in Florida’s Wilderness Parks

In order to maintain these breathtakingly beautiful and delicate lands in their pristine state, dog owners must follow specific rules when taking their dogs to the parks within the Southwest Florida Water Management District lands.  In general, these rules include:

• Dogs must be on a six-foot leash at all times.
• Dog owners must pick up after their dogs.
• Dogs are permitted only in the areas that are designated as dog-friendly (e.g., some parks do not allow dogs in the campgrounds, equestrian trails, or playgrounds).
• Dogs must not be allowed to destroy or disturb any wildlife or vegetation.
• Dogs must be well-mannered.

Enjoy West Central Florida’s Dog-Friendly Parks

If you plan to travel with your dog to West Central Florida, be sure to make time to experience some of Florida’s natural beauty.  Your dog will enjoy it as much as you will.

Dogs Will Love Florida's Great Outdoors

Cute Puppies for Christmas

At the risk of sounding like Scrooge, we can only hope the adorable puppies in this video montage did not come from puppy mills. 

We also hope that the parents in these videos who got their children dogs for Christmas are willing to take the time to teach their kids that a live animal is not a toy and that responsible pet ownership is a life long commitment.

Some shelters refuse to allow adoptions to take place around the holidays and have strict rules about adopting out animals as gifts, especially as gifts for children. 

Of course, there are many benefits for children growing up in a home with pets.  Dogs provide unconditional love and dog ownership can help children learn responsibility and compassion.  Here is an excellent article that gives some step-by-step instructions for teaching children how to care for a dog.

Michael Vick Wants a Pet Dog

Professional football player Michael Vick, who spent time in prison for convictions surrounding his infamous involvement in dogfighting and animal torture, now says he would like to have a dog as a pet someday. 

Vick, who was reinstated into the NFL in spite of a public outcry at the time, says he now spends a great deal of his time working with the Humane Society of the United States and explaining to young people why dogfighting is wrong.  Michael Vick says he is working with HSUS and mentoring kids not because of a court order, but because of his own desire to help others.

Michael Vick told the website theGrio, “I would love to get another dog in the future.”  He stated, “I think it would be a big step for me in the rehabilitation process.  I think just to have a pet in my household and to show people that I genuinely care, and my love, and my passion for animals.”

Michael Vick pleaded guilty in 2007 for his role in running the dogfighting ring Bad Newz Kennels, a place where dogs were tortured in unthinkable ways.  Dogs were trained and forced to fight for the amusement of spectators who also placed bets on the animals.  Some dogs were chained to car axles and used as “bait” for the fighting dogs.  Dogs that showed little or no inclination to fight were shot, electrocuted, drowned, hanged or beaten to death.

According to a USDA investigative report, Michael Vick personally had a hand in hanging three dogs with a nylon cord tied to a tree, drowning three other dogs in a 5-gallon bucket of water, and repeatedly slamming another dog onto the ground until it died, breaking its neck and back in the process. 

HSUS president Wayne Pacelle, who has toured schools with Michael Vick since his release from prison, believes that Vick has changed and would now be a good dog owner.  Pacelle told the Atlanta Journal-Constitution, “I have been around him a lot, and feel that he would do a good job as a pet owner.”

A federal judge sentenced Michael Vick to 23 months in prison and ordered that he serve three years probation after his release during which time he is prohibited from buying, selling or owning dogs.  So, until his probation is complete, there is no possibility for Michael Vick to own a dog.