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An Act To Allow a Pet Owner To Collect Noneconomic Damages for the Death of a Pet
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §4021  is enacted to read:
§ 4021. Damages for death of pet
 
1.  Liability for unlawful act.     A person whose unlawful and intentional or negligent act, or a person whose animal, kills the pet of a pet owner or causes fatal injuries to the pet of a pet owner is liable for up to $5,000 in noneconomic damages. If the death is caused by the person's negligent act, the death or fatal injury must have occurred on the property of the pet owner or the caretaker of the pet or while the pet was under the control and supervision of the pet owner or caretaker of the pet.
 
2.  Damages limits not applicable.     Limits for noneconomic damages set out in subsection 1 do not apply to causes of action for intentional infliction of emotional distress or any other civil action other than a cause of action involving the direct and sole loss of a pet.
 
3.  Damages limited to compensation.     Noneconomic damages awarded pursuant to this section are limited to compensation for the loss of the reasonably expected companionship, love and affection of a pet.
 
4.  No liability or damages.     This section does not:
 
A.  Apply to a nonprofit entity or governmental agency, or its employees, negligently causing the death of a pet while acting on the behalf of public health or animal welfare; or
 
B.  Authorize an award of noneconomic damages in an action for professional negligence against a licensed veterinarian.
 
5.  Not exclusive.     The award of noneconomic damages for an act under this section does not preclude any other civil or criminal liability for the same act.
 
SUMMARY
This bill creates a cause of action for noneconomic damages to be collected by a pet owner when another person or the person's animal kills the pet or injures the pet and the injuries lead to the death of the pet. The person must have been acting unlawfully and either intentionally or negligently. If the person's actions were negligent, the death or fatal injury must have occurred on the property of the pet owner or caretaker or while the pet was under the control and supervision of the pet owner or caretaker. Damages are limited to $5,000 for the loss of the reasonably expected companionship, love and affection of the pet. The $5,000 limit does not apply to causes of action for intentional infliction of emotional distress or any other civil action other than the direct and sole loss of a pet.
The bill does not apply to a nonprofit entity or governmental agency, or its employees, negligently causing the death of a pet while acting on the behalf of public health or animal welfare, and it does not authorize an award of noneconomic damages in an action for professional negligence against a licensed veterinarian.
The existing Animal Welfare Act defines "pet" as a dog, cat or other domesticated animal commonly kept as a companion, but "pet" does not include tamed animals that are ordinarily considered wild animals or livestock.