Battle in court aims to change New York law on pets after dog struck, killed in Brooklyn
MILL BASIN, Brooklyn (WABC) -- A court case in Brooklyn is aiming to change New York State law's view on whether pets, including dogs, should be considered more than just property.
"There's a dog you could have had for years and years and years, and to watch it get mutilated right in front of you is a horrifying thing to have happened," said Eric Subin, the plantiff's attorney.
That nightmare became a reality for one Brooklyn family after lawyers say a driver hit and killed Duke, their 4-year-old dachshund. Surveillance video shows Duke crossing the street with his owner's mother in July of 2023 before being fatally struck by a car at East 64th Street and Strickland Avenue.
"That's a horrible injustice that you've suffered and you have no legal recourse," Subin said.
Although many may consider dogs to be beloved members of their family, under New York State law, pets are considered personal property. Lawyers on Thursday battled it out in the Kings County Supreme Court as to whether the law should be updated.
Trevor Deblase, Duke's owner, and his mother are suing for damages, but lawyers say the case won't survive in court if the law does not change.
"You should at least be able to plead your case before a jury," Subin said. "Right now, the law in New York only allows for a negligent infliction of emotional distress claim based on a 'zone of danger' argument, in the event that an immediate family member is seriously injured or killed."
For dog lovers, updating the law could be a welcomed change.
"To me, she is my best friend, my family member, my baby. And that loss would go far beyond any sort of property value," said one dog owner about her pet.
People like Paula Schasberger supports compensation in the event of negligence, but her support comes with limitations.
"My concern is that there would be second-order effects of elevating the status of dogs to that of family members," Schasberger said.
On the other side, the defense wants Deblase's case dismissed, arguing that changes to the law could burden the courts and drive up insurance premiums. Defense lawyers also believe all of this should be up to the state legislature.
Presiding Judge Aaron Maslow in the meantime has set a September 30 deadline for anyone not affiliated with the case to submit their arguments, offering a type of legal recourse to those who love their pets.
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