SOME REMARKS ON COMPENSATION FOR DAMAGES CAUSED BY INJURING OR KILLING OF COMPANION ANIMALS IN SERBIAN CIVIL (TORT) LAW

Abstract

This paper deals with the compensation for damages caused by injuring or killing of a companion animal in Serbian tort law, where the main focus is on explaining the influence which ‘animal welfare’, as a legally protected non-patrimonial interest violated due to injury or killing of a companion animal, and ‘emotional relationship between the owner and his/her injured or killed animal companion’ may have on the application of tort law rules on recovery of damages. Firstly, the author tries to clarify the general influence of ‘animal welfare’ on the legal treatment of animals in Serbian civil law, since it seems that such clarification is necessary for the interpretation of the rules of civil law (particularly those of tort law). Thereafter, the author discusses the tort law rules for determining the amount of compensable pecuniary damages for an injured or killed companion animal, with special attention given to the problem of recovering costs for the veterinary treatment of the injured companion animal, which may be significantly higher than the animal’s market value. To solve this problem, the author examines whether the fact that the owner is, pursuant to Serbian animal welfare legislation, obliged to take care of ‘welfare’ of his/her companion animal and to provide the veterinary treatment in case of its injury (i.e. in case of violation of ‘animal welfare’) can be relevant enough for awarding the compensation of costs necessary for such treatment in accordance with the existing rules of Serbian tort law, irrespective of the companion animal’s market value and effectiveness of veterinary treatment. Finally, the author discusses the relevance of the emotional relationship between the owner and his/her injured or killed animal companion in Serbian tort law, focusing on the analysis of tort law provisions that may exceptionally enable the owner of an injured or killed companion animal to claim monetary compensation for the emotional/sentimental value that the animal had for him/her.