Are Pets Things?

A Texas family whose dog was accidentally euthanized at a shelter was first told they were not eligible for “loss-of-companionship” damages since Avery was a dog and not a human. Avery, the Medlen family was told, was considered property, and as such held almost no value. But the Texas Supreme Court rebuffed their efforts to collect damages under the reasoning that Avery might be considered property with sentimental value. A pet is more than an heirloom, the court argued, and “cannot be shoehorned into keepsake-like sentimentality for litigation purposes.” That left the Medlens in limbo, unable to collect damages for the loss of their pet because the law is unclear: are pets things? Though there is a movement to clarify law around animal rights, legal advocates involved are using disparate, sometimes contradictory, methods, Harvard magazine reports. The divide comes down to whether to focus on “animal welfare” or “animal rights.” “We know how law doesn’t work for animals, but we have no clear idea yet about how it should,” says Harvard law professor Kristen Stilt.