Barking Hound Vill. LLC v. Monyak

In a negligence suit arising out of the death of a dog following its stay at a boarding facility, the owners were entitled to recover the dog's fair market value plus interest and any reasonable medical costs and other expenses they incurred in treating the animal in an attempt to save its life.

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The subject matter of this case is near and dear to the heart of many a Georgian in that it involves the untimely death of a beloved family pet and concerns the proper measure of damages available to the owners of an animal injured or killed through the negligence of others. Observing that pet dogs are considered personal property under Georgia law, but finding that not all dogs have an actual commercial or market value, the Court of Appeals held that where the actual market value of the animal is non-existent or nominal, the appropriate measure of damages would be the actual value of the dog to its owners. See Barking Hound Village, LLC v. Monyak, 331 Ga. App. 811, 813-814 771 SE2d 469 2015. The Court of Appeals concluded that the actual value of the animal could be demonstrated by reasonable veterinary and other expenses incurred by its owners in treating its injuries, as well as by other economic factors, but held that evidence of non-economic factors demonstrating the dog’s intrinsic value to its owners would not be admissible. Id.

This Court granted certiorari to consider whether the Court of Appeals erred in holding that the proper measure of damages for the loss of a pet dog is the actual value of the dog to its owners rather than the dog’s fair market value. Because we find that long-standing Georgia precedent provides that the damages recoverable by the owners of an animal negligently killed by another include both the animal’s fair market value at the time of the loss plus interest, and, in addition, any medical and other expenses reasonably incurred in treating the animal, we affirm in part and reverse in part the Court of Appeals’ decision.

Barking Hound Vill. LLC v. Monyak

In a negligence suit arising out of the death of a dog following its stay at a boarding facility, the owners were entitled to recover the dog's fair market value plus interest and any reasonable medical costs and other expenses they incurred in treating the animal in an attempt to save its life.

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