A Horse is a Horse of Course, of Course...but is he a Plaintiff too?

"Personal injury." What does that mean? Generally the term refers to "physical injury inflicted on a person's body, as opposed to damage to property or reputation." Often, defense attorneys (funded by the insurance giants) argue with me over whether an "injury" has occurred. I spend a lot of my time convincing claims representatives and insurance defense attorneys that my clients are truly injured, sometimes permanently, despite their position that my clients are too old, too young, or too strong to be injured (more on that later). But, there is a new debate brewing in this field: WHO is a "PERSON" for purposes of personal injury claims?

The Animal Legal Defense Fund has taken the position that ANIMALS may have compensable injuries that the ANIMAL, itself, can sue for in a court of law. In Oregon, attorneys have filed a lawsuit on behalf of an 8-year-old American Quarter Horse and Apaloosa named Justice. Justice's former owner, Gwendolyn Vercher, was sentenced in criminal court for first-degree animal neglect. However, the Court's involvement did not stop with the criminal conviction.

Justice has sued his former owner in civil court, in his own name - with help from an animal rights advocacy group. Justice alleges in his pleadings that Vercher “denied Justice adequate food and shelter for months, abandoning him to starve and freeze. As a result of this neglect, Justice was left debilitated and emaciated. He continues to suffer from this neglect, including a prolapsed penis from frostbite.” The advocacy group has taken the position that Justice is a "sentient being" who can sue in his own name.

What do you think about animals having the right to sue people in their own name? Is this a slippery slope that we should avoid? Or, is it a new way to protect animals outside of the criminal context? I'd love to hear your opinion! Subscribe to my blog and follow me on Facebook at https://www.facebook.com/jackie.cronkhite

I have not ventured into the field of animal defense yet, but I do take YOUR personal injury seriously. If you have suffered a personal injury at the hands of a negligent driver, unsafe working condition(s), or a defective product, give me a call at 479.782.3434 and ask for Jackie. Sexton & Sanders Law Firm - We're Here for You!

**Want to know more about Justice's trot to the courthouse? Check out these articles (WARNING: GRAPHIC PICTURES):

http://5newsonline.com/2018/05/07/horse-sues-former-owner-for-100000-to-cover-medical-bills/ (Byline: Tribune Media Wire).

http://www.oregonlive.com/washingtoncounty/index.ssf/2018/05/oregon_horse_sues_former_owner.html (Byline: Everton Bailey, Jr.).