§ 3931 — Civil actions for tortious injuries, including death, to lawfully-owned pets

Delaware § 3931

• Jurisdiction: Delaware
• Title: 10
• Part: Procedure
• Ch. 39: PLEADING AND PRACTICE

Text

(a) Definitions. For purposes of this section:

(1) “Compensatory damages” means all of the following:

a. In the case of the death of a pet, the fair market value of the pet before death and the reasonable and necessary cost of veterinary care.

b. In the case of an injury to a pet, the reasonable and necessary cost of veterinary care.

(2) “Owner” means a person who purchases or is gifted a pet.

(3) “Pet” means all of the following:

a. “Pet” means a domesticated animal.

b. “Pet” does not include livestock, or an animal possessed or kept in violation of State, county, or municipal law.

(b) A person who tortiously causes an injury to, or death of, a pet while acting directly or through an animal under that person’s ownership, direction, or control is liable to the owner of the pet for compensatory damages.

(c) This section may not be construed as a limitation on punitive damages where otherwise appropriate under the law and in light of the facts related to a claim asserted under this section. If a pet is owned by multiple persons, the limitations outlined in this section apply.

(d) All applicable limitations to liability, defenses, aggravating factors, and principles of law or equity relevant to the facts and circumstances of a particular action or set of actions that would otherwise apply to actions for tortious damage to property, with the exception of prior limitations related to recovery of damages based on the fair market value of property, shall apply to an action brought under this section.

(e) A person may bring an action for compensatory damages pursuant to this section in any court of competent jurisdiction.

Legislative History

83 Del. Laws, c. 472, § 1 ; 85 Del. Laws, c. 155, § 1