AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in rights of action,
3providing for liability for intentional or negligent killing
4of pet by another.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Title 42 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9§ 8320.1. Liability for intentional or negligent killing of a
10pet by another.

11(a) Unlawful or intentional acts.--In addition to the
12damages authorized in subsection (c), if a person's pet is
13killed or sustains injuries that result in death caused by the
14unlawful or intentional act of another or the animal of another,
15the trier of fact may find the individual causing the death or
16the owner of the animal causing the death liable for up to
17$12,000 in noneconomic damages as compensation for the loss of
18the reasonably expected society, companionship, love and
19affection of the pet.

1(b) Negligent acts.--In addition to the damages authorized
2in subsection (c), if a person's pet is killed or sustains
3injuries that result in death caused by the negligent act of
4another or the animal of another, the trier of fact may find the
5individual causing the death or the owner of the animal causing
6the death liable for up to $5,000 in noneconomic damages as
7compensation for the loss of the reasonably expected society,
8companionship, love and affection of the pet, provided that the
9death or injury occurs on the property of the owner or caretaker
10whose pet was killed or injured or while under the control and
11supervision of the deceased pet's owner or caretaker.

12(c) Specific damages for guide dogs.--If an intentional or
13negligent act described in this section results in the death or
14permanent injury to a person's guide dog, the value of the guide
15dog shall include, but not be limited to, the cost of the guide
16dog as well as the costs of any specialized training the guide
17dog received.

18(d) Effect on other actions.--The limits for noneconomic
19damages specified in this section shall not apply or limit
20damages in any causes of action for intentional infliction of
21emotional distress or any other civil action other than the
22direct and sole loss of a pet as authorized by this section.

23(e) Inapplicability.--This section shall not apply to:

24(1) Any not-for-profit entity or governmental agency, or
25its employees, which negligently cause the death of a pet
26while acting on behalf of public health or animal welfare.

27(2) Any killing of a dog that has been or was killing or
28pursuing with the apparent intent to harm livestock.

29(f) Construction.--Nothing in this section shall be
30construed to authorize any award of noneconomic damages in an

1action for professional negligence against any licensed
2veterinarian acting within the scope of his duties.

3(g) Definition.--As used in this section, the term "pet"
4means any domesticated dog or cat normally maintained in or near
5the house of its owner.

6Section 2. This act shall take effect in 60 days.