Bill
HB 2387
HB 2387 creates a civil remedy for the wrongful death of a companion animal, defining who may sue, damages, and standards for civil liability.
HB 2387 (Pennsylvania): Summary
Purpose and intent
- This bill amends Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, specifically within the area governing rights and immunities, to create liability for the wrongful death of a companion animal.
- In short, it provides a legal remedy for the wrongful death of a pet (companion animal) through a civil action, redefining who may sue, what damages may be recoverable, and under what circumstances.
Key provisions and changes
- Creation of liability for wrongful death of a companion animal: The bill establishes that the wrongful death of a companion animal can support a civil action. It sets forth the basis for liability and the standards to be applied in such actions.
- Parties who may sue: The bill outlines who has standing to bring a suit for the wrongful death of a companion animal. Typically, this would include the animal’s owner or lawful keeper, and potentially other listed interested parties depending on the final text (e.g., lessees, guardians, or others with possession or care responsibilities), though the exact standing language should be reviewed in the final version.
- Damages: The bill specifies the types and amounts of damages recoverable in a wrongful death of a companion animal case. This may include economic damages (e.g., veterinary costs, other out-of-pocket expenses) and non-economic damages (e.g., emotional distress, loss of companionship). The precise caps or ranges, if any, would be detailed in the statute.
- Standards of proof and defenses: The bill would set forth the standard of proof (generally preponderance of the evidence in civil cases) and potential defenses available to defendants (e.g., comparative negligence, contributory fault, or limits on liability). The exact defenses and their limitations would be specified in the bill.
- Relationship to existing animal cruelty or property laws: The bill may clarify how wrongful death claims interact with existing laws on animal cruelty, negligence, trespass, or property-based liability. It may also address whether damages are allowed to stack with other legal remedies.
- Statute of limitations: The bill includes a timeline for filing a wrongful death action, including when the clock starts (e.g., discovery of the death or injury) and any tolling provisions.
- Attorneys’ fees and costs: Provisions may address who bears legal costs and whether fee-shifting or attorney’s fees are available to prevailing plaintiffs.
Who would be affected
- Pet owners and lawful guardians of companion animals: Eligible plaintiffs who suffer the death of a companion animal due to a wrongful act or negligence may seek damages.
- Defendants: Individuals or entities whose conduct caused the wrongful death (e.g., negligent or intentional actors, organizations, or property owners) could face civil liability.
- Veterinarians, animal care providers, and businesses: Entities involved in the care, custody, or handling of companion animals may be implicated if their actions contribute to a wrongful death.
- Courts: Civil docket management and case handling for wrongful death of companion animals will be affected, including potential changes to pleading standards and damages awards.
Procedural and timeline aspects
- Effective date: The bill will specify when its provisions take effect (e.g., upon enactment or a specified future date).
- Retroactivity: The bill may address whether it applies to deaths occurring before enactment or only to those occurring after.
- Transitional provisions: There may be provisions detailing how existing cases or claims are handled under the new framework.
Sponsors
- Primary and co-sponsors include Tarah Probst, Maureen Madden, Darisha Parker, Scott Conklin, Joe Ciresi, Carol Hill-Evans, Nancy Guenst, Jeanne McNeill, and Kristine Howard.
Notes
- As drafted, the bill introduces a new civil remedy for the wrongful death of a companion animal. The precise language in the final bill will specify standing, damages, defenses, and procedural rules. For thorough understanding, readers should review the final text of HB 2387, including any amendments adopted during committee consideration.
Compiled from official sources — confirm details with the bill’s official record.
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