An Act To Allow a Pet Owner To Collect Noneconomic Damages for the Death of a Pet
Maine Legislature, Session 126, LD 0395
Committee: Judiciary
Sponsors: WILLETTE, KATZ, BECK, FREDETTE, KNIGHT
Amends: 7 MRSA §4021

Legislative Document 
No. 395 
H.P. 270 
House of Representatives, February 12, 2013 
An Act To Allow a Pet Owner To Collect Noneconomic Damages for 
the Death of a Pet 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative WILLETTE of Mapleton. 
Cosponsored by Senator KATZ of Kennebec and 
Representatives: BECK of Waterville, FREDETTE of Newport, KNIGHT of Livermore Falls. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §4021 is enacted to read: 
§4021.  Damages for death of pet 
1.  Liability for unlawful act.  A person whose unlawful and intentional or negligent 
act, or a person whose animal, kills the pet of a pet owner or causes fatal injuries to the 
pet of a pet owner is liable for up to $5,000 in noneconomic damages.  If the death is 
caused by the person's negligent act, the death or fatal injury must have occurred on the 
property of the pet owner or the caretaker of the pet or while the pet was under the control 
and supervision of the pet owner or caretaker of the pet. 
2.  Damages limits not applicable.  Limits for noneconomic damages set out in 
subsection 1 do not apply to causes of action for intentional infliction of emotional 
distress or any other civil action other than a cause of action involving the direct and sole 
loss of a pet. 
3.  Damages limited to compensation.  Noneconomic damages awarded pursuant to 
this section are limited to compensation for the loss of the reasonably expected 
companionship, love and affection of a pet. 
4.  No liability or damages.  This section does not: 
A.  Apply to a nonprofit entity or governmental agency, or its employees, negligently 
causing the death of a pet while acting on the behalf of public health or animal 
welfare; or 
B.  Authorize an award of noneconomic damages in an action for professional 
negligence against a licensed veterinarian. 
5.  Not exclusive.  The award of noneconomic damages for an act under this section 
does not preclude any other civil or criminal liability for the same act. 
SUMMARY 
This bill creates a cause of action for noneconomic damages to be collected by a pet 
owner when another person or the person's animal kills the pet or injures the pet and the 
injuries lead to the death of the pet.  The person must have been acting unlawfully and 
either intentionally or negligently.  If the person's actions were negligent, the death or 
fatal injury must have occurred on the property of the pet owner or caretaker or while the 
pet was under the control and supervision of the pet owner or caretaker.  Damages are 
limited to $5,000 for the loss of the reasonably expected companionship, love and 
affection of the pet.  The $5,000 limit does not apply to causes of action for intentional 
infliction of emotional distress or any other civil action other than the direct and sole loss 
of a pet. 
The bill does not apply to a nonprofit entity or governmental agency, or its 
employees, negligently causing the death of a pet while acting on the behalf of public 
health or animal welfare, and it does not authorize an award of noneconomic damages in 
an action for professional negligence against a licensed veterinarian. 
The existing Animal Welfare Act defines "pet" as a dog, cat or other domesticated 
animal commonly kept as a companion, but "pet" does not include tamed animals that are 
ordinarily considered wild animals or livestock.