Should Animals Be Allowed to Sue? | Sherry F. Colb | Verdict | Legal Analysis and Commentary from Justia

Should Animals Be Allowed to Sue? | Sherry F. Colb | Verdict | Legal Analysis and Commentary from Justia

by Prof. Sherry f. Colb

The story of Justice v. Gwendolyn Vercher began with a woman named Vercher neglecting her horse, named Shadow at the time. In Vercher’s care, Shadow starved and froze, was colonized by lice and harmful bacteria, experienced prolapsed genitals, and shrunk to 300 pounds underweight. Vercher subsequently pleaded guilty to criminal animal neglect under Oregon law. After the criminal plea, the Animal Legal Defense Fund (ALDF) took an unusual step. It brought a civil suit on behalf of the quarter horse, now named Justice, against his convicted former owner, seeking damages for negligence per se, seeking money that would enable someone who adopted Justice to pay the ongoing and enormous veterinary bills that resulted from Vercher’s conduct. This column will consider the question whether there is value in naming an animal like Justice a plaintiff in a civil suit.

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