Title of Article: "A Pet's Fair Market Value"
Author: David D. Johnson

We all know how much our horses and pets mean to us and now it appears a three judge panel of the Illinois Appellate Court agrees, too.

In the case Anzalone v. Kragness, No. 1-04-1647 (March 7), the plaintiff owned a cat that was mauled and killed by the defendant’s rottweiller dog in June of 2002. A Cook County Circuit Court had originally dismissed the $100,000 suit, stating that the plaintiff hadn’t specified the damages. The Appellate Court thought otherwise, though agreeing that the damage request was high.

Under common law, since animals are thought of as an item of personal property there really is no provision for determining fair market value when there is none, as in this case.

The Illinois Court’s decision referenced Jankowski v. Preiser Animal Hospital, 510 N.E.2d 1084, a 1987 Illinois ruling that allowed for damages to be figured based on the value of the pet to the owner including sentimental value.

Some states have laws which have addressed our love for animals but more typically allow for damages from aggravated cruelty or torture.

It will be interesting to see how this trend will evolve.

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