Blog By: Sarah Turri
In the recent case of Justice v. Vercher, an Oregon court ruled that a rescued horse did not have standing to legally sue its abuser[i] for damages, including pain and suffering.[ii] This issue was previously left unresolved by the Ninth Circuit, which ruled that a crested macaque (monkey) had Article III standing but lacked statutory standing under the Copyright Act in an action related to copyright infringement.[iii] The Ninth Circuit’s holding implies that Congress could create a cause of action allowing animals to sue their abusers. The previously mentioned Oregon court in Justice v. Vercher similarly found no statutory authority for a horse to file a lawsuit, stating that without legislative action, the court could not confer that right.
Animal protection is deeply rooted in American history, with the first animal welfare laws passed in 1641.[iv] Many early advocates of animal welfare equated the protection of animals with the protection of children because of their vulnerable status.[v] By 1907, every state in America had some form of legislation for the protection of animals.[vi] In 1958, Congress passed the first federal animal protection legislation.[vii] Animal protection varies greatly between states. Kentucky, for example, criminalizes animal abandonment, neglect, or torture, as well as failing to provide adequate food, drink space, or veterinary care.[viii]
However, animals lack statutory standing under these laws, leading to limited private enforcement and prosecution only in the most gruesome cases.[ix] Consequently, there is a discrepancy between animals whose rights have been violated and those who get redress for damages.[x] Animals who suffer from abuse can incur large veterinary costs and typically need continuing medical care for their injuries.[xi] This cost typically falls on nonprofit rescues since there is no private cause of action for an animal to recover the costs from the person who harmed it.[xii]
While animal welfare laws have continued to progress, a missing link exists for animals to be fully vindicated.[xiii] In the rare case that the abuser must pay restitution for the costs of the harm inflicted on the animal, this does not cover any expenses after the animal was seized.[xiv] Because abused and neglected animals require continuing care and costs, they are harder to rehome, and the costs are again misplaced on private nonprofit organizations.[xv] If animals could recover from their abusers privately, these costs would be rightfully placed on the person who inflicted them. Since it is generally recognized that people owe a duty to animals, this duty should be coupled with a remedy for animals to assert their rights when they are violated.
Animals have already been recognized as legal entities in several other ways. In all 50 states, companion animals can have legally enforceable trusts for the costs of care and maintenance of the animal.[xvi] Many states also allow animals to be included in restraining orders due to the correlation between domestic abuse and animal abuse.[xvii] In addition, many nonhuman entities, such as corporations, partnerships, and trusts, are permitted to bring lawsuits, showing that the power to confer statutory standing is not limited to humans.[xviii] Introducing a statutory cause of action for animals to sue abusers would transform animal protection legislation from an empty statement of good intentions into a vital enforcement mechanism.
[i] Justice v. Vercher, 518 P.3d 131, 132 (Or. Ct. App. 2022).
[ii] Justice the Horse Sues Abuser, Animal Legal Def. Fund (2023), https://aldf.org/case/justice-the-horse-sues-abuser/ (last viewed Jan 28, 2024) [https://perma.cc/W95M-CB53].
[iii] Naruto v. Slater, 888 F3d 418, 420 (9th Cir 2018).
[iv] Janet M. Davis, The History of Animal Protection in the United States, Org. of Am. Historians, https://www.oah.org/tah/november-2/the-history-of-animal-protection-in-the-united-states/ (last viewed Jan 28, 2024) [https://perma.cc/9Y3P-KSY3].
[v] Id.
[vi] Alyssa S. Robinson, Animal Cruelty Legislation Part I, NC State Univ. Libraries (2019), https://www.lib.ncsu.edu/news/special-collections/animal-cruelty-legislation-part-i (last viewed Jan 28, 2024) [https://perma.cc/N4VP-7WXM].
[vii] Id.
[viii] Ky. Rev. Stat. §§ 525.130, 525.135 (West. 2022).
[ix] Cass R. Sunstein, Standing for Animals, Univ. of Chicago Pub. Law & Legal Theory Working Paper 6 (1999).
[x] Id.
[xi] Justice the Horse Sues Abuser, supra note ii.
[xii] Id.
[xiii] Sunstein, supra note ix.
[xiv] Justice the Horse Sues Abuser, supra note ii.
[xv] Id.
[xvi] Pet Trust Laws, ASPCA, https://www.aspca.org/pet-care/pet-planning/pet-trust-laws (last updated Nov. 2015) [https://perma.cc/385F-DW2C].
[xvii] Laws that Include Animals in Protection Orders, Animal Legal Def. Fund (2023), https://aldf.org/project/animals-included-in-protection-orders/ (last viewed Jan 28, 2024) [https://perma.cc/8YJY-YJLB].
[xviii] Sunstein, supra note ix at 30.