SEPS.DOCX (DO NOT DELETE) 7/8/2010 8:54 AM 1339 ANIMAL LAW EVOLUTION: TREATING PETS AS PERSONS IN TORT AND CUSTODY DISPUTES CHRISTOPHER D. SEPS* Despite the fact that pets play an important and irreplaceable role in the lives of many people in modern society, the law continues to treat all animals—including pets—as property. This treatment is especially troubling in tort and custody cases, where the relationship between a pet and its owner is often at issue. The author examines the inconsistent treatment of animals under the law and the relatively re- cent developments in society’s view and treatment of animals, ulti- mately arguing that the law needs to adapt to the changes in the way society views animals by treating pets as persons in particular cases. Specifically, the author proposes that animals be treated as persons only in tort or custody disputes where the animal is an anthropomor- phic pet that has formed a strong emotional bond to its owner result- ing in the owner’s treatment of the pet as a person. I. INTRODUCTION When Sergeant Gwen Beberg came home from a tour of duty in Iraq, she was leaving one battle to fight another. 1 But this time she was fighting the U.S. government for permission to bring her best friend named “Ratchet” home with her—a dog that she rescued while on duty. 2 If it had been an Iraqi rug, or a traditional oil lamp, it is unlikely that Sergeant Beberg would have put up much of a fight. After all, those things are just property—she could always buy replacements. Yet she fought tooth and nail for weeks to bring Ratchet home with her, 3 even though he too is considered just another piece of property under the law. Clearly something about this canine companion, this woman’s best friend that “was the savior of her . . . sanity” 4 and saw her through some of the most trying experiences imaginable, differentiates him from other prop- * J.D. 2010, University of Illinois College of Law. Thanks to the University of Illinois Law Re- view and to my editor, Mary Koll. Thanks to my father, Steven Seps, D.V.M., for his inspiration and encouragement. Finally, I dedicate this publication to the best three-legged Border Collie in the whole world, the late Boomer Seps, who will always be a part of my family. 1. Soldier’s Adopted Dog Finally Leaves Iraq for U.S., CNN, Oct. 19, 2008, http://edition.cnn. com/2008/US/10/19/iraq.ratchet.the.dog/index.html. 2. Id. 3. Id. 4. Id.
ANIMAL LAW EVOLUTION: TREATING PETS AS PERSONS IN TORT AND CUSTODY DISPUTES
Jul 10, 2023
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