Thursday, December 30, 2010

Demand grows for 'animal law' expertise

Sheriff's deputies knocked on Roger and Sandra Jenkins' front door in Taneytown early one Saturday in January to serve a court paper to the couple's teenage son. Within minutes, a chaotic scene unfolded, and the family's chocolate Labrador retriever was shot by one of the deputies and collapsed bleeding in the snow. The dog survived, but its owners say it is permanently disabled. The couple sued, alleging reckless endangerment and infliction of emotional distress. Their lawsuit, filed against the Frederick County Sheriff's Department in October, is part of a growing body of case law dealing with animal issues. The rapidly evolving field of animal law is not only being shaped by court decisions and new legislation, but has become a subject for study in law school. The University of Baltimore and University of Maryland both offer seminars in animal law. The demand for lawyers who specialize in animals has increased as people insist that the law treat their pets as part of the family rather than property, attorneys say. The allegations in the Jenkins' lawsuit point to the heart of the matter: While the law traditionally has considered pets possessions, to their owners they are irreplaceable companions. "The common law is that a dog is just chattel, a piece of property that's easily replaced," said Rebekah Lusk, an associate attorney with the Thienel Law Firm in Columbia who handles animal law cases and represents Roger and Sandra Jenkins. "People focusing on animal law are saying the courts need to see animals as not just a replacement piece of property." That is beginning to happen in Maryland and other states...more

No comments: