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Animals

pets—damages for death or injury

Most states classify companion pet animals (dogs, cats) as personal property, and only allow owners to recover the fair market value (what a willing buyer would pay for the animal) or the replacement cost (the cost of replacing the pet with an animal of the same age, breed, and condition) for the injury or death of the pet (a rare, prize winning, pedigreed dog may have greater economic value). But some states allow pet owners to recover greater damages when the injury or death of the pet is intentional or malicious.

In West Virginia, as in most states, companion animals such as dogs and cats are legally considered personal property. This means that in cases of injury or death of a pet, the owner is typically entitled to recover damages based on the fair market value or the replacement cost of the pet. The fair market value is determined by what a willing buyer would pay for the animal, while the replacement cost is the expense of obtaining another pet of the same age, breed, and condition. West Virginia does not have specific statutes that allow pet owners to recover for emotional distress or punitive damages in cases of injury or death of a pet. However, if the harm to the pet was intentional or malicious, the court might consider awarding punitive damages to punish the wrongdoer and deter future misconduct, although this is not specific to pets and would be part of the general legal principles regarding property damage in the state.

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Animals

pets—damages for death or injury

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West-Virginia State Code

West-Virginia State Code

Animals

pets—damages for death or injury

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