This article defines animal law and discusses some of the areas of practice that deal with animal law issues

Huss, Rebecca J.

English

ValpoScholar

Valparaiso University
ValpoScholar
Law Faculty Publications Law Faculty Presentations and Publications
3-2009
Why Animal Law Matters: Establishing Animal
Law Section in Era of Emerging Issues
Rebecca J. Huss
Follow this and additional works at: http://scholar.valpo.edu/law_fac_pubs
Part of the Animal Law Commons
This Article is brought to you for free and open access by the Law Faculty Presentations and Publications at ValpoScholar. It has been accepted for
inclusion in Law Faculty Publications by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff
member at scholar@valpo.edu.
Recommended Citation
Rebecca J. Huss, Why Animal Law Matters: Establishing Animal Law Section in Era of Emerging Issues, Res Gestae, Mar. 2009, at 37.
I. Introduction
The Indiana State BarAssociation is consideringthe formation of an animal
law section in order to provide a
forum for attorneys interested in
legal issues relating to animals. This
article defines animal law and dis-
cusses some of the areas of practice
that deal with animal law issues.
II. What is animal law?
Animal law can simply be
defined as any area of the law that
relates to or impacts animals. Since
animal law consists of many differ-
ent areas of the law, it is likely the
proposed animal law section could
cosponsor activities with many
existing sections of the ISBA.
It is important to contrast
“animal law” with “animal rights”
and “animal welfare.” Animal
rights theory is based on the philo-
sophical belief that animals should
not be used in any way by humans.
Animal rights activists would
oppose the use of animals for food,
experimentation and entertain-
ment. Animal welfare focuses on
humane treatment, including the
prevention of cruelty of animals.
Many of the large animal advocacy
groups in the United States would
properly be defined as animal 
welfare organizations, and polls
have shown widespread support 
of animal welfare initiatives.
Although attorneys that have
an interest in animal law may
define themselves as supporting
either animal rights or animal wel-
fare, animal law is much broader
than these two issues. In many 
legal issues involving animals, 
frequently it is the law’s impact 
on humans that is at the core 
of the representation.
III. The development of animal
law as a practice area
Attorneys have been practicing
in the area of animal law for many
years. Although an increasing num-
ber of lawyers focus or limit their
practice to animal law issues, many
attorneys may deal with these cases
on an occasional basis. 
Due to the interest in animal
law, it is being offered as a separate
course in almost half of the ABA-
accredited law schools in the
United States. The law schools at
Indiana University-Indianapolis
and Valparaiso University offer 
animal law courses on a regular
basis. Even a greater number of 
law schools have student organiza-
tions that focus on animal law
issues.
There has also been a signifi-
cant increase in the number of state
bar association animal law sections
and committees in recent years.
Sixteen state bars have an animal
law committee or section. There 
are several regional bar association
animal law sections and commit-
tees, and the ABA’s Tort, Trial &
Insurance Practice Section has 
an animal law committee.
IV. Animal law issues that 
you may deal with in your
current practice or you never
knew that you practiced 
animal law
Criminal law
Issues relating to animals may
already be part of your practice. An
obvious example is the prosecution
of animal cruelty or neglect cases.
There have been several studies that
link violence toward animals with
violence toward humans. Studies
have not just shown that violence
toward animals can be a precursor
to violence to humans, but also that
if there is abuse of animals in the
home there is frequently abuse of
other family members. Legislation
has been passed in several states 
to ensure that protective orders 
can include companion animals.
Dog fighting is frequently connect-
ed to other crimes, including those
related to drug and gang activity.
Separate from the concern over 
the welfare of animals, these factors
serve to raise the profile of animal
abuse cases when resources are 
limited. 
Trust and estate law
It is estimated that 63 percent
of U.S. households include at least
one companion animal. It is also
estimated that by the end of this
decade approximately $50 billion
will be spent each year on the items
for these companion animals.
Surveys have shown that 93 percent
of people with dogs and cats find
that among the benefits of having 
a pet are companionship, love and
affection. It is no surprise that for
many people it is important to
ensure that these animals are pro-
tected if the owners can no longer
take care of their animals. Indiana
and 39 other states as well as the
District of Columbia have statutes
that allow for the formation of an
enforceable trust established for 
the purpose of caring for an animal
or animals. Ind. Code §30-4-2-18 
et seq.
Family law
A recent poll of the
American Academy of
Matrimonial Lawyers
found that 23 percent of
attorneys surveyed have
found a growing occur-
rence of pet custody 
cases in the last five 
years. Legislation has
been introduced in a 
few states to clarify how
A
TTEN
TIO
N
Why animal law matters: establishing 
animal law section in era of emerging issues
By Prof.  Rebecca J. Huss
Prof. Rebecca J. Huss
Valparaiso University 
School of Law
Valparaiso, Ind.
rebecca.huss@valpo.edu
RES GESTÆ • MARCH  2009 37
(continued on page 38)
 
companion animals can be treated
in dissolution cases.
Civil litigation
Injuries to humans
Dog bite cases are obviously 
a source of litigation. If, as a result
of the case, a dog is deemed to be
dangerous or vicious, more people
appear to be willing to actively
defend the alleged actions of their
dog or dogs, including but not 
limited to using DNA evidence 
to prove that their animal was 
not at fault.
It is also not uncommon to 
see cases relating to injuries due to
activities involving equines (despite
the defense of statutory immunity
under the Equine Activity Statute).
See, e.g., Anderson v. Four Seasons
Equestrian Center, Inc., 852 N.E.2d
576 (Ind. Ct. App. 2006) (dis-
cussing Ind. Code §34-31-5-1).
Injuries to animals
There are conflicting opinions
over whether the number of law-
suits based on the injury or death 
of a companion animal due to 
veterinary malpractice is increasing.
Indiana has case law on veterinary
malpractice dating back to 1856.
Connor v. Winton, 8 Ind. 315 (Ind.
1856). Lawsuits based on negli-
gence in other circumstances such
as grooming or boarding also
occur. The recent settlement of
claims arising out of the illness 
and death of companion animals 
in 2007 due to tainted pet food is
another illustration of these types
of cases. In re Pet Food Products
Liability Litigation, MDL Docket
No. 1850, Civil Action No. 07-2867,
2008 U.S. Dist. LEXIS 94603 
(D. N.J. 2008). 
For plaintiffs, perhaps the most
significant barrier to bringing these
types of lawsuits is the limitation on
available damages. A recent appel-
late case reinforced the restrictions
on damages available in Indiana
with the statement that the “loss of
a pet dog is only an economic loss
which does not support a claim of
negligent infliction of emotional
distress.” Lachenman v. Stice, 838
N.E.2d 451, 461 (Ind. App. 2005).
Plaintiff attorneys in other states
have become quite creative in mak-
ing arguments that would allow 
for the recovery of greater damages
in these types of cases.
A few states have passed legis-
lation that provides for the ability
to bring civil cases allowing for 
the recovery of specified damages
caused by the loss of a pet. Compare
Tenn. Code §44-17-403 (allowing
for damages up to $5,000 for the
intentional or negligent death of a
pet) with 510 Ill. Comp. Stat. Ann.
70/16.3 (allowing for the recovery
of veterinary expenses, emotional
distress and punitive damages
capped at $25,000 if the animal 
is subject to an act of aggravated
cruelty or torture). 
Disability law
The United States Department
of Justice proposed regulations
amending the Americans with
Disabilities Act have focused atten-
tion on the increasing use of service
animals in our society. Service ani-
mals are not used exclusively by
persons with physical disabilities
but are now being used to assist
persons with mental disabilities.
Attorneys who represent places of
public accommodation, housing
providers (through the application
of the Federal Fair Housing Act)
and even educational institutions
should be able to advise their
clients on the rules relating to 
service animals.
Other areas of law
Of course, many other areas of
the law deal with animals. Examples
in real property law are cases based
on the restriction on the number 
or type of animals (including breed
discriminatory legislation).
Constitutional law issues can arise
if an animal is removed from an
owner without due process. If a
client is engaged in confined animal
production, environmental laws
may be implicated. 
V. Conclusion
Has this article piqued your
interest? An animal law section can
be the place to determine whether
you would like to develop this area
of practice. A primary benefit of
such a section is to provide practi-
tioners who work in the area the
opportunity to learn from each
other. Becoming active in an ani-
mal law section can help you keep
on top of the latest trends in this
developing practice area. 
As with any other section 
of the ISBA, it is anticipated that
attorneys with widely divergent
ideas and backgrounds would be
active in the section. If you would
like to be kept informed about the
status of the proposed section,
please provide Maryann Williams,
mwilliams@inbar.org, with your
contact information to include
your e-mail and postal addresses.
The issues raised in this article
are discussed in more detail in 
an article by the author, “The
Pervasive Nature of Animal Law:
How the Law Impacts the Lives 
of People and Their Animal
Companions,” in Volume 43 of the
Valparaiso Law Review. Additional
articles relating to the topic can 
be accessed through the author’s 
Web page at: www.valpo.edu/law/
faculty/rhuss  q
Rebecca J. Huss is a professor of law at
Valparaiso University School of Law in
Valparaiso, Ind. In 2007 Prof. Huss was
appointed by the District Court of the
Eastern District of Virginia as the
guardian/special master in Civil Action
No.: 3:07CV397, United States v.
Approximately 53 Pit Bull Dogs
(the Bad Newz Kennels case).
ANIMAL LAW continued from page 37
38 RES GESTÆ • MARCH  2009


Why Animal Law Matters: Establishing Animal Law Section in Era of Emerging Issues

Valparaiso University

Valparaiso UniversityValpoScholarLaw Faculty Publications Law Faculty Presentations and Publications3-2009Why Animal Law Matters: Establishing AnimalLaw Section in Era of Emerging IssuesRebecca J. HussFollow this and additional works at: http://scholar.valpo.edu/law_fac_pubsPart of the Animal Law CommonsThis Article is brought to you for free and open access by the Law Faculty Presentations and Publications at ValpoScholar. It has been accepted forinclusion in Law Faculty Publications by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staffmember at scholar@valpo.edu.Recommended CitationRebecca J. Huss, Why Animal Law Matters: Establishing Animal Law Section in Era of Emerging Issues, Res Gestae, Mar. 2009, at 37.I. IntroductionThe Indiana State BarAssociation is consideringthe formation of an animallaw section in order to provide aforum for attorneys interested inlegal issues relating to animals. Thisarticle defines animal law and dis-cusses some of the areas of practicethat deal with animal law issues.II. What is animal law?Animal law can simply bedefined as any area of the law thatrelates to or impacts animals. Sinceanimal law consists of many differ-ent areas of the law, it is likely theproposed animal law section couldcosponsor activities with manyexisting sections of the ISBA.It is important to contrast“animal law” with “animal rights”and “animal welfare.” Animalrights theory is based on the philo-sophical belief that animals shouldnot be used in any way by humans.Animal rights activists wouldoppose the use of animals for food,experimentation and entertain-ment. Animal welfare focuses onhumane treatment, including theprevention of cruelty of animals.Many of the large animal advocacygroups in the United States wouldproperly be defined as animal welfare organizations, and pollshave shown widespread support of animal welfare initiatives.Although attorneys that havean interest in animal law maydefine themselves as supportingeither animal rights or animal wel-fare, animal law is much broaderthan these two issues. In many legal issues involving animals, frequently it is the law’s impact on humans that is at the core of the representation.III. The development of animallaw as a practice areaAttorneys have been practicingin the area of animal law for manyyears. Although an increasing num-ber of lawyers focus or limit theirpractice to animal law issues, manyattorneys may deal with these caseson an occasional basis. Due to the interest in animallaw, it is being offered as a separatecourse in almost half of the ABA-accredited law schools in theUnited States. The law schools atIndiana University-Indianapolisand Valparaiso University offer animal law courses on a regularbasis. Even a greater number of law schools have student organiza-tions that focus on animal lawissues.There has also been a signifi-cant increase in the number of statebar association animal law sectionsand committees in recent years.Sixteen state bars have an animallaw committee or section. There are several regional bar associationanimal law sections and commit-tees, and the ABA’s Tort, Trial &Insurance Practice Section has an animal law committee.IV. Animal law issues that you may deal with in yourcurrent practice or you neverknew that you practiced animal lawCriminal lawIssues relating to animals mayalready be part of your practice. Anobvious example is the prosecutionof animal cruelty or neglect cases.There have been several studies thatlink violence toward animals withviolence toward humans. Studieshave not just shown that violencetoward animals can be a precursorto violence to humans, but also thatif there is abuse of animals in thehome there is frequently abuse ofother family members. Legislationhas been passed in several states to ensure that protective orders can include companion animals.Dog fighting is frequently connect-ed to other crimes, including thoserelated to drug and gang activity.Separate from the concern over the welfare of animals, these factorsserve to raise the profile of animalabuse cases when resources are limited. Trust and estate lawIt is estimated that 63 percentof U.S. households include at leastone companion animal. It is alsoestimated that by the end of thisdecade approximately $50 billionwill be spent each year on the itemsfor these companion animals.Surveys have shown that 93 percentof people with dogs and cats findthat among the benefits of having a pet are companionship, love andaffection. It is no surprise that formany people it is important toensure that these animals are pro-tected if the owners can no longertake care of their animals. Indianaand 39 other states as well as theDistrict of Columbia have statutesthat allow for the formation of anenforceable trust established for the purpose of caring for an animalor animals. Ind. Code §30-4-2-18 et seq.Family lawA recent poll of theAmerican Academy ofMatrimonial Lawyersfound that 23 percent ofattorneys surveyed havefound a growing occur-rence of pet custody cases in the last five years. Legislation hasbeen introduced in a few states to clarify howATTENTIONWhy animal law matters: establishing animal law section in era of emerging issuesBy Prof.  Rebecca J. HussProf. Rebecca J. HussValparaiso University School of LawValparaiso, Ind.rebecca.huss@valpo.eduRES GESTÆ • MARCH  2009 37(continued on page 38) companion animals can be treatedin dissolution cases.Civil litigationInjuries to humansDog bite cases are obviously a source of litigation. If, as a resultof the case, a dog is deemed to bedangerous or vicious, more peopleappear to be willing to activelydefend the alleged actions of theirdog or dogs, including but not limited to using DNA evidence to prove that their animal was not at fault.It is also not uncommon to see cases relating to injuries due toactivities involving equines (despitethe defense of statutory immunityunder the Equine Activity Statute).See, e.g., Anderson v. Four SeasonsEquestrian Center, Inc., 852 N.E.2d576 (Ind. Ct. App. 2006) (dis-cussing Ind. Code §34-31-5-1).Injuries to animalsThere are conflicting opinionsover whether the number of law-suits based on the injury or death of a companion animal due to veterinary malpractice is increasing.Indiana has case law on veterinarymalpractice dating back to 1856.Connor v. Winton, 8 Ind. 315 (Ind.1856). Lawsuits based on negli-gence in other circumstances suchas grooming or boarding alsooccur. The recent settlement ofclaims arising out of the illness and death of companion animals in 2007 due to tainted pet food isanother illustration of these typesof cases. In re Pet Food ProductsLiability Litigation, MDL DocketNo. 1850, Civil Action No. 07-2867,2008 U.S. Dist. LEXIS 94603 (D. N.J. 2008). For plaintiffs, perhaps the mostsignificant barrier to bringing thesetypes of lawsuits is the limitation onavailable damages. A recent appel-late case reinforced the restrictionson damages available in Indianawith the statement that the “loss ofa pet dog is only an economic losswhich does not support a claim ofnegligent infliction of emotionaldistress.” Lachenman v. Stice, 838N.E.2d 451, 461 (Ind. App. 2005).Plaintiff attorneys in other stateshave become quite creative in mak-ing arguments that would allow for the recovery of greater damagesin these types of cases.A few states have passed legis-lation that provides for the abilityto bring civil cases allowing for the recovery of specified damagescaused by the loss of a pet. CompareTenn. Code §44-17-403 (allowingfor damages up to $5,000 for theintentional or negligent death of apet) with 510 Ill. Comp. Stat. Ann.70/16.3 (allowing for the recoveryof veterinary expenses, emotionaldistress and punitive damagescapped at $25,000 if the animal is subject to an act of aggravatedcruelty or torture). Disability lawThe United States Departmentof Justice proposed regulationsamending the Americans withDisabilities Act have focused atten-tion on the increasing use of serviceanimals in our society. Service ani-mals are not used exclusively bypersons with physical disabilitiesbut are now being used to assistpersons with mental disabilities.Attorneys who represent places ofpublic accommodation, housingproviders (through the applicationof the Federal Fair Housing Act)and even educational institutionsshould be able to advise theirclients on the rules relating to service animals.Other areas of lawOf course, many other areas ofthe law deal with animals. Examplesin real property law are cases basedon the restriction on the number or type of animals (including breeddiscriminatory legislation).Constitutional law issues can ariseif an animal is removed from anowner without due process. If aclient is engaged in confined animalproduction, environmental lawsmay be implicated. V. ConclusionHas this article piqued yourinterest? An animal law section canbe the place to determine whetheryou would like to develop this areaof practice. A primary benefit ofsuch a section is to provide practi-tioners who work in the area theopportunity to learn from eachother. Becoming active in an ani-mal law section can help you keepon top of the latest trends in thisdeveloping practice area. As with any other section of the ISBA, it is anticipated thatattorneys with widely divergentideas and backgrounds would beactive in the section. If you wouldlike to be kept informed about thestatus of the proposed section,please provide Maryann Williams,mwilliams@inbar.org, with yourcontact information to includeyour e-mail and postal addresses.The issues raised in this articleare discussed in more detail in an article by the author, “ThePervasive Nature of Animal Law:How the Law Impacts the Lives of People and Their AnimalCompanions,” in Volume 43 of theValparaiso Law Review. Additionalarticles relating to the topic can be accessed through the author’s Web page at: www.valpo.edu/law/faculty/rhuss  qRebecca J. Huss is a professor of law atValparaiso University School of Law inValparaiso, Ind. In 2007 Prof. Huss wasappointed by the District Court of theEastern District of Virginia as theguardian/special master in Civil ActionNo.: 3:07CV397, United States v.Approximately 53 Pit Bull Dogs(the Bad Newz Kennels case).ANIMAL LAW continued from page 3738 RES GESTÆ • MARCH  2009

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Why Animal Law Matters: Establishing Animal Law Section in Era of Emerging Issues

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