On August 20, Delaware Governor Matt Meyer signed a bill that removes the “Sunset” provision in current law that allows a person to receive compensatory damages when a person tortiously causes an injury to or death of a pet.
With the approval of Senate Bill 118, a person is entitled to compensatory damages of the fair market value of the pet before death and the reasonable and necessary cost of veterinary care. Or, in the case of an injury to a pet, the reasonable and necessary cost of veterinary care. Had the bill not been approved, the provisions would have expired, limiting individuals to recover only the fair market value of a pet, regardless of the amount of veterinary bills or expenses related to care stemming from a tortious injury. See previous alert.
The removal of the sunset provision allows pet owners to continue to pursue compensatory damages without limitation for veterinary bills incurred to care for a pet that was injured by the negligence, reckless, or intentional acts of another individual or that individual’s pet.
AKC Government Relations continues to monitor legislation in Delaware impacting dog owners. For questions or more information, contact AKC GR at doglaw@akc.org.