New York, NY: A woman in New York City has filed a lawsuit for pain and suffering on behalf of her dog, seeking to set a precedent that dogs are living beings with souls and not mere "property". (Source.)
Advocates have always believed that animals are sentient beings, with souls and emotions just as humans have. However, the laws that have been in place for decades have always seen animals as nothing more than property, and the punishment for the abuse of those animals has always been lacking.
The lawsuit also hopes to lift the veil of secrecy that surrounds the puppy mills who supply the pet stores with many times sick and congenitally damaged puppies for sale to unsuspecting buyers. In November 2011, the HSUS released a video of an undercover investigation into the puppy mills behind the puppies sold in NYC pet stores. That video is provided for you with this article.
Elena Zakharova purchased her 1-year-old Brussels Griffon, Umka, from Raising Rover, a pet shop, and since then has watched as her precious baby's health has deteriorated before her very eyes. She has filed suit for a refund of what she paid for Umka, current and future medical expenses as well as pain and suffering for her dog. In a quote from her lawsuit, it's stated:
“Umka suffers a disorder causing her pain, her legs hurt, she cries when she is in pain, she drags herself with her front paws, [and] she cannot run like other puppies."
A further quote from her lawsuit states:
"Umka is a living soul with a heart. She feels love and pain.’’
Ms. Zakharova has stated if she prevails in the lawsuit, all proceeds will be donated to an animal-related charity or animal rights organization.
Raising Rover changed ownership since the time Umka was purchased, and the new owners are claiming no knowledge of any of the prior dealings about the dog. The large number of instances of defective puppies being purchased resulted in New York passing a "puppy lemon law", which allows buyers to return an animal within 14 days for a refund. However, most of these chronic conditions don't begin to show up until long after that time period has passed. Even more heartbreaking, those animals are immediately killed.
In a statement by the attorney handling this case, Susan Chana Lask stated:
"If the definition of a pet is changed from that of property to an animate being with feelings, it could substantially change the amount of damages that could be awarded when an owner buys a defective dog born in a puppy mill, according to Lask. That could, in turn, have a chilling effect on pet stores buying animals from puppy mills out of fear of getting slammed with large payouts from lawsuits."
All eyes will be on this lawsuit as it moves through the court system. This could be a landmark case that could finally bring about the positive changes so desperately needed in the laws as they apply to animals as well as slow down the puppy mill industry, which grinds out litter after litter of puppies without regard to inbreeding or the welfare of the breeding dogs.
It hasn't been determined as of yet whether or not the judge who will hear this case will even accept the lawsuit and allow it to move forward.
Advocates everywhere are hoping the lawsuit is allowed to move forward and this will be the case that finally changes the legal mindset that an animal is no more valuable than a DVD player or a sofa, but instead recognizes them for the living beings they truly are, deserving of legal protections that are fitting for them.
Click here for more information about this story.
Click here for the HSUS YouTube video of the reality of puppy mills.
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