Your dog is now legally a member of the family, says a New York judge
In a groundbreaking ruling that has tails wagging from Bushwick to the Bronx, Brooklyn Supreme Court Justice Aaron Maslow declared that dogs are no longer just property in the eyes of the law, but rather 'immediate family.' The decision stems from a tragic 2023 case involving a dachshund named Duke, who was struck and killed by a car while on a walk with his owner's mother in Mill Basin, per the New York Post.
The case, brought by Trevor DeBlase and his mother Nan, challenged the legal status of pets in wrongful death and emotional distress cases. Historically, pets have been treated like personal property, meaning damages were limited to their monetary value (read: the price of a purebred pup, not the priceless grief they leave behind). But Judge Maslow's ruling rewrites the rules.
'This Court fails to see why a beloved companion pet could not be considered 'immediate family,'' the judge wrote, allowing the DeBlases to seek compensation typically reserved for those who witness a close relative's injury or death. Nan, who was physically tethered to Duke at the time, now qualifies for these broader damages. Trevor, though deeply affected, can only pursue financial losses since he wasn't present at the scene, which is one bittersweet distinction in an otherwise historic win.
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Animal rights groups are hailing the ruling as a major shift. 'It's an incremental but important step in recognizing that pets aren't just property—they're individuals who matter,' Christopher Berry of the Nonhuman Rights Project told Gothamist. (The organization filed supporting briefs in the case.)
Maslow backed up his decision by pointing to growing social and legal recognition of pets as family: from pet trusts and divorce custody rulings to the fact that most airlines and hotels now treat pets as valued guests. The decision, however, is limited to cases where a dog is struck while being walked on a leash—so no, your emotional support ferret isn't covered. Yet.
Meanwhile, Trevor shared a bittersweet tribute to Duke on Instagram, calling the ruling 'a monumental win for families of NYC.' Alongside a photo of Duke in a green tux, he added: 'Knowing that something good has come out of this tragedy brings me some kind of solace.'
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