Judge in New York Ruled Dogs Are Immediate Family

Lisa Selvaggio
by Lisa Selvaggio

Many pet parents consider their dogs and cats their family, but that unfortunately isn’t always how the law views animals. This changed recently, at least in New York, when a Brooklyn judge ruled that a family could sue for emotional distress after their dog was killed when he was hit by a car.

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A Terrible Accident That Led to a Dog’s Death


It all started in July of 2023. Nan DeBlase was walking her son’s dog, Duke, a 4-year-old Dachshund. A reckless driver crushed the dog, leaving Nan tormented with the memory of what she saw and experienced.


The driver, Mitchell Hill, was described as being out of control, driving through a stop sign and hitting the little dog who was on a leash. Thankfully, Nan was able to jump out of the way and wasn’t hurt. Surveillance cameras captured the scene.


A Lawsuit for Emotional Distress


At first, it appeared the law would only allow the DeBlases to be compensated in the amount of the market value of the dog and his medical costs. However, Supreme Court Judge Aaron Maslow stated that the dog, who had been a part of his owner’s wedding a few months before his death, should be viewed as more than just the family’s property, and that a jury may find that there was a high level of emotional distress caused by the incident. After all, Nan had the dog on a leash and was scared for her safety, too.


Although the judge said dogs can be considered “immediate family," he limited the ruling to dogs who are walked on-leash.


Though not everyone agrees, a lot of people are very happy with this judge’s decision, as it might help change the way pets are classified in legal cases in the future. The strong human-animal bond will hopefully be recognized more, giving people the justice they deserve when crimes are committed against their companions.


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Lisa Selvaggio
Lisa Selvaggio

Lisa Selvaggio is a freelance writer and editor, and our resident cats-pert, with certifications in pet nutrition and pet first aid. She enjoys producing content that helps people understand animals better so they can give their pets a safe and happy home.

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