What Is Animal Law?

Use these links to jump to different sections:

• What Do Animal Law Attorneys Do?
• Examples of Animal Law Cases
• Federal and State Animal Laws and Standing to Sue
• Animals as Property: An Evolving Legal Issue
• Finding the Right Attorney for Your Needs
• Animal Law Attorney FAQs

Animal law is a broad practice area, encompassing statutes and case law from many different areas of American law as they relate to non-human animals.

“There are many niches within this seemingly small niche,” says Sarah A. Thompson, an animal law attorney at Ryther Law Group in Murrieta, California. “It can range from criminal charges for animal abuse to civil custody disputes between exes, and it incorporates laws at both the federal and state levels. Essentially, it covers any legal issue related to animals, with different attorneys focused on different aspects and sides of it.”

Animal law is not only a diverse practice area, it’s also a dynamic one, with more law schools offering animal law courses and legal developments driven by the advocacy of animal rights lawyers and nonprofits such as the Animal Legal Defense Fund.

This article gives a practical introduction to the field of animal law. If you have questions about your rights and responsibilities regarding animal welfare or need information about the rights and protections available to animals, reach out to an animal law attorney for advice specific to your situation.

What Do Animal Law Attorneys Do?

Animal law attorneys handle many kinds of legal issues, from matters of animal advocacy to issues affecting pet owners.

“Animal law touches on many areas of law, including contract law, tort law, criminal law, and administrative law. As an animal law attorney, you really have to have a general understanding of these very different areas since they’re going to impact your cases,” says Thompson. “It reminds me of when I worked in family law,” she continues. “As a family lawyer, you get a lot of issues that relate to family matters, from property law disputes to contracts and estate planning. Animal law is similar in that sense—you’re dealing with a lot of different areas of the law as they relate to one subject, in this case, animals.”

Some animal law attorneys work in private practice, handling cases from individuals who need to file a claim against a negligent veterinarian, for example, or to defend a pet owner against allegations of a dog attack. However, Thompson notes that while some people would consider a dog bite plaintiff’s attorney to be an animal lawyer, such attorneys are not advocates for animal rights. “At the law firm where I practice, we are animal rights attorneys, so we would never take on a dog bite plaintiff’s case because we would never want to go against an animal. All the cases that we take are cases that we believe will advance the rights of animals in some way.”

Other attorneys in this field work as animal advocates or provide pro bono legal services through nonprofit organizations such as:

• The Animal Legal Defense Fund (ALDF);
• The World Wildlife Fund (WWF);
• People for the Ethical Treatment of Animals (PETA);
• The Animal Welfare Institute (AWI);
• The American Humane Society; or
• The American Society for the Prevention of Cruelty to Animals (ASPCA).

Animal lawyers can also work as prosecutors in the criminal law arena, policymakers, or attorneys in government agencies such as the U.S. Department of Agriculture (USDA) or the U.S. Fish and Wildlife Service.

Examples of Animal Law Cases

“As animal rights attorneys, we handle many cases that protect and advance the rights and welfare of animals,” says Thompson. Within her law firm’s practice, representative cases include:

• Veterinary malpractice cases against veterinarians who committed significant errors or sometimes malicious actions;
• Cases against boarding facilities or grooming facilities where an animal has been injured;
• Cases against corporations for treats that caused injuries;
• Representing rescue organizations in custody cases where the rescue needs to get the animal back from the foster to ensure the animal’s wellbeing;
• Custody cases involving ex-girlfriends or ex-boyfriends; and
• Dog bite defense cases—in which someone is sued because an animal has bitten another dog or human—to prevent the dog from being euthanized after an incident.

“There are many other types of cases that our animal law firm doesn’t focus on, but that other attorneys may handle, depending on their focus and expertise,” says Thomson, such as:

• Lawsuits to protect wildlife or endangered species;
• Cases against circuses or zoos that abuse animals;
• Agricultural cases against big farms for nuisance or abuse of farm animals.

Federal and State Animal Laws and Standing to Sue

There are a wide range of federal statutes under which an animal law issue can arise, including but not limited to the following:

• Animal Welfare Act;
• Endangered Species Act;
• Fish and Wildlife Conservation Act;
• Marine Mammal Protection Act of 1972;
• Humane Methods of Slaughter Act.

While federal statutes provide many protections for animals and people—including how people can interact with animals in various capacities—many kinds of animal law claims arise under state law and local government ordinances, with variety across the country.

Standing to Sue for Animals

Many types of animal law cases are brought by individuals who have suffered some personal legal harm. Examples include cases where a veterinarian’s malpractice resulted in animal abuse or in cases where a divorce has resulted in a contentious pet custody battle. But what happens in circumstances where someone who has not personally been harmed wants to bring a case? For example, what if an animal welfare advocate recognizes that an animal needs protection?

This touches on the legal question of “standing,“ which refers to a party’s legal capacity to bring a lawsuit in court. Whether or not a party has standing will depend on the specific state or federal law under which that party wants to file a lawsuit. In general, the party must have suffered legal harm to have standing, although there are some exceptions.

The U.S. Supreme Court case Lujan v. Defenders of Wildlife (1992) specifically addressed standing in the context of environmental and animal advocacy. In Lujan, the Defenders of Wildlife organization wanted to bring a claim under the Endangered Species Act. The federal government argued that the organization didn’t have standing. Ruling against Defenders of Wildlife, the Supreme Court established a three-part test for determining whether a party has standing:

• The plaintiff must show an “injury in fact,” which the Court defined as “a concrete and particularized, actual or imminent invasion of a legally protected interest”;
• The plaintiff must show a “causal connection between the injury and the conduct complained of”; and
• The plaintiff’s injury must be of a nature that a favorable court decision would redress it.

Standing is a complex legal issue. If you have questions about taking legal action on behalf of animal welfare or the environment, reach out to an experienced animal law or environmental law attorney in your area.

Animals as Property: An Evolving Legal Issue

Traditionally, courts viewed animals as mere property and set their worth at fair market value. “Unfortunately, animals are still considered property under the law,” says Thompson, “but what has shifted is that courts are now recognizing that animals aren’t just a car, or a lamp, or some other inanimate object—they are living, breathing, feeling creatures.”

As a result of this recognition, courts in different jurisdictions have begun to incorporate larger and different types of damages beyond traditional market value. Two issues that demonstrate this evolution in the legal system are animal custody cases and valuing animals.

Four Methods for Assigning Custody of Animals

One area in which there has been a greater recognition of this fact is custody cases. While some courts still adhere to the strict property view of animals, other methods have developed in recent years.

1. Strict Property View

“Say an ex-girlfriend and ex-boyfriend had a dog that they bought together,” says Thompson. “How a court would normally deal with property—a car, for instance—is that one person gets the car, and they pay the other person the value of their half. Alternatively, you sell the car and split the proceeds, though that solution doesn’t work with an animal—you can’t split an animal. However, you can assign the animal to one person and have the other person pay, and that still happens in courts with a strict view of animals as property.”

2. Best Interests of the Animal

“Some courts are moving away from the traditional property view and will consider the best interests of the animal when making custody determinations,” says Thompson. “This determination is analogous to the best interest of the child in child custody disputes in family court. The court will work through a list of factors to determine which person the animal should be with.”

3. Best Interests of All Involved

“Another variation is that some courts are considering the best interests of all involved, meaning the humans and non-human animal. This comes into play in many different jurisdictions’ family courts, where there are families who want the animal to stay with the child. The court will consider if that arrangement is best for the child as well as the animal.”

4. Blended Method

“Finally, some courts kind of blend these three methods together in a hybrid approach,” says Thompson. “This approach isn’t super clear, and there’s not a lot of statutory authority or case law on it.”

Valuing Animals

A second legal issue where the law has developed is how to value animals for purposes of compensation and damages. Thompson explains that under the traditional system, courts strictly consider fair market value or replacement value. “Now, I have three rescue dogs, and under the traditional system, a court would rule that they’re essentially worthless, which is horrifying to think about. They’re my family.”

Courts across the country have started to recognize the fact that animals are family members, that they’re very important to us as a society, and that people spend a lot of money on their care. As a result of this shift in thinking, courts have begun to incorporate larger damages.

“For example, say a vet badly injured your pet,” says Thompson. “You spent $5000 on that veterinary care. You can now obtain that amount in damages in some jurisdictions. Or say that you have a service animal who has been specifically trained so that their replacement costs are much higher—there are courts that will find a special value in that. Likewise, in cases involving intentional or malicious actions causing an animal’s death, owners can now get emotional distress damages and, in some cases, punitive damages against the perpetrator.”

Thompson emphasizes that animal law is a constantly developing field, with variations across the country. “These legal issues and standards are changing right now, in the moment—it’s exciting for attorneys to have a hand in bringing positive changes.”

Finding the Right Attorney for Your Needs

“I think it’s always helpful to have a consultation with an attorney,” says Thompson. “It’s such a niche area, the law is changing so much, and not everything you read online is going to tell you if you have a case or not. So, I think consulting with an attorney is always the best way to start. We can flesh out the legal issues and discuss your options, even if you end up not pursuing anything.”

For example, because damages remain so low in many cases, Thompson says that it may make sense for you to pursue a claim on your own in small claims court. And there are other methods beyond civil lawsuits to hold people accountable. For instance, if a vet injured your animal, you could file a veterinary board complaint, which can put a vet on probation and force further education. There are also things like the Better Business Bureau (BBB) for reporting false advertising for treats that injure your animal or filing with the Food & Drug Administration (FDA) to force an investigation and potentially pull products off the shelves.

“Doing these kinds of things in conjunction with seeking legal counsel can be helpful. Even if someone determines that they can’t pursue a case, there are at least some things they can still do to obtain a measure of justice,” Thompson says.

It is essential to approach the right type of attorney—someone who can help you through your entire case. To do so, you can visit the Super Lawyers directory and use the search box to find an animal law attorney in your area.

Animal Law Attorney FAQs

Here are some frequently asked questions when meeting with an animal law attorney for the first time:

What types of cases or legal issues do you handle in the field of animal law?

Animal law is a broad practice area. It includes any legal issue involving animals, from pet custody to veterinarian malpractice to estate planning for pets. Not every animal law attorney will be equipped to handle every type of animal law case. Asking about an attorney’s background helps ensure they can effectively handle your specific situation.

What are your attorney’s fees?

The cost of hiring an animal law attorney varies based on the complexity of your case, the attorney’s experience and reputation, the size of their law firm, and the specific legal services you need. Some animal law attorneys may offer free consultations, others may charge hourly rates or flat fees. No matter your issue, it’s important to have the conversation about costs upfront.

Do I need to sue, or are there alternatives to resolving my legal issue?

There may be more than one way to resolve your issue, and litigation isn’t always the best solution. A lawyer can help assess your goals in taking legal action, possible outcomes, and alternative strategies. Understanding your goals and legal options upfront is key to setting expectations and making informed decisions. An animal law attorney can explain the strengths and weaknesses of your case and discuss possible ways forward.