New York Judge Rules Dogs Are “Immediate Family” in Historic Case

If you ask most dog people whether their pets are more like family or property to them, they’ll probably give you a what-kind-of-question-is-that? stare in response. For most pet parents, it’s not up for debate. Their dog is a part of the family, and certainly not a possession the way that a purse or car is. But legally, dogs in New York have been considered mere property — meaning that when pets are harmed, the consequences are miniscule. But finally, the tide is turning: In a landmark case, a judge has ruled that pets can be considered family.

The case

In 2023, a four-year-old Dachshund named Duke died after being hit by a car, reported Gothamist. Nan DeBlase, the mother of Duke’s primary guardian, Trevor DeBlase, was walking Duke when the accident happened.

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DeBlase wanted to seek compensation for emotional distress. In New York, the “zone of danger” doctrine allows for compensation to a person who was threatened with bodily harm and witnessed the death of a family member from the same incident. Under the old law, pets didn’t explicitly qualify as immediate family members. But after reviewing DeBlase’s case, Brooklyn judge Justice Aaron Maslow decided that the zone of danger doctrine applied, and the lawsuit could proceed to trial.

“It is reasonable for a jury to conclude that witnessing Duke being crushed led to emotional distress that goes beyond that which is generally felt by the loss of mere property,” Judge Maslow wrote in his ruling. “This Court fails to see why a beloved companion pet could not be considered 'immediate family' in the context of the zone of danger doctrine under the fact pattern presented by Plaintiffs.”

What the ruling means

While this ruling is a step in the right direction, it has limitations, and consequences for harming a dog are still far less severe than many pet parents consider adequate. Maslow clarified that the ruling only applies to people who are walking their dog on a leash when the pet is hit by a car. Trevor DeBlase, who was not present at the time, is still only able to pursue compensation for the “property” value of Duke.

However, the application of the zone of danger doctrine to Nan DeBlase’s emotional distress marks the first time that pets are treated as family rather than property under New York law — and activists are hopeful that it’s the first of many.

“The legal status of animals is currently undergoing a really important transformation, and this is part of a larger shift in how the law sees and treats animals,” Christopher Berry, executive director of the Nonhuman Rights Project, told Gothamist. “We’re moving from an outdated view of animals as mere things, to recognizing them as individuals who matter.”