Brooklyn Judge Says Dogs Are Family Too

A New York judge this week ruled that dogs can be treated as members of a person’s “immediate family” and as such, a dog’s family can sue for emotional damages if the dog is harmed. 

That’s what happened when Nan DeBlase was walking her son’s 4-year-old dachshund named Duke on a Brooklyn street on July 4, 2023. A driver blew through a stop sign and barely missed DeBlase, but hit and killed Duke.

The DeBlases sued the driver, Mitchell Hill, for damages. Hill’s attorneys argued that, because pets are considered property in New York, the family should not be able to seek compensation for the emotional toll of Duke’s death; Hill should only have to pay the dollar value of the dog and veterinary costs, estimated to be $1,500.

Judge Aaron Maslow of the Kings Supreme Court half-agreed with this argument. The dog’s owner, Trevor DeBlase, could sue for damages but not for emotional toll, because he wasn’t present when Duke was run over. But Trevor’s mom Nan was there and devastated by the incident. Now the case can go to trial, and at least one of the DeBlases can seek compensation for her emotional pain.

The case was of particular interest to the Nonhuman Rights Project, which weighed in with an amicus curiae brief on behalf of Duke (and his family). Executive director Christopher Berry was pleased with the outcome: “Too often, courts reflexively apply outdated precedents that treat animals as mere property, even when those precedents no longer reflect common sense.”

Maslow noted in his decision that courts need to apply the law differently over time to align with changing societal norms, namely our relationships with pets. They are, after all, family.

Photo credit: Perplexity AI