On June 17, Justice Aaron Maslow of the Supreme Court of New York ruled that, in dangerous instances, dogs can be deemed “immediate family members.”
The case prompting the ruling involves the death of Trevor and Nan DeBlase’s dog Duke, who was killed after being struck by a driver while they were walking through a Brooklyn crosswalk in 2023.
According to the case, defendant Mitchell Hill “struck and killed Duke in front of Nan and while still connected to her via [Trevor’s] leash.”
The DeBlase’s claim that Hill’s car “did not have any directional signal on,” and proceeded “through the stop sign without stopping,” made a left turn and, “without any warning,” struck and killed the dog.
According to the court, the plaintiffs suffered mental distress and mental harm resulting from their dog’s death. Specifically, Nan “suffered…emotional and psychological injury resulting from the wrongful act of Defendant as she observed the striking of the dog, was physically present in close proximity of the dog, and was additionally in reasonable fear and danger of being struck herself.”
The defendant on the other hand “argues that discovery is still necessary to ascertain the lighting and weather conditions at the time of the subject accident; the size and color of the dog.” Other questionable matters for Hill included “where the dog was in relation to Nan; whether the dog was visible given lighting conditions; the dog walker’s conduct; and traffic conditions.”
Toward the case’s conclusion, rather than recognizing the pet as personal property according to legal precedent in New York, the court declared that it “fails to see why a beloved companion pet could not be considered ‘immediate family’ in the context of the zone of danger doctrine under the fact pattern presented by Plaintiffs.”
The court finally determined that the Hill “acted negligently in killing Duke and nearly killing Nan DeBlase,” and set down a trial for damages to determine “the postaccident veterinary costs, including any burial, cremation, and memorialization costs.” The plaintiffs seek “compensatory damages in the sum of $1,979.84, which includes $1,500 for Duke and $479.84 for veterinary bills.”
