In a groundbreaking decision that reshapes how the law views companion animals, a Brooklyn Supreme Court judge has ruled that dogs may be considered immediate family under New York law. The ruling stems from a tragic 2023 incident where a dachshund named Duke was struck and killed by a reckless driver while out for a walk on a leash with his owner’s mother.

This legal decision marks the first time in New York that a court has acknowledged a dog’s role in a family not as property, but as a loved one whose loss can trigger emotional distress damages, similar to those claimed when a human family member is lost.

What This Means for Dog Owners in New York

For decades, New York law has treated pets as personal property, limiting legal damages for a pet’s injury or death to its market value. But this recent ruling expands that view, at least under specific circumstances, such as when a leashed dog is harmed in the presence of someone emotionally and physically bonded to them.

In this case, the court ruled that Nan DeBlase, who was walking her son’s 4-year-old dachshund at the time of the crash, may seek compensation for emotional distress. Because she was physically tethered to Duke and witnessed the traumatic event firsthand, the court determined that she qualifies under the “zone of danger” doctrine, an established legal principle allowing emotional damages when someone witnesses harm to a close family member.

Judge Declares Dogs Are More Than Property Under NY Law

The court’s decision reflects a shift in societal norms and legal standards around pets. Increasingly, dogs are treated as family members by their owners, and now, the legal system is catching up. The judge’s ruling referenced New York laws that have evolved in recent years to treat pets with more care, such as divorce laws that require consideration of a pet’s best interests and legal provisions for pet trusts.