An Act To Clarify Damages for the Willful or Negligent Injury or Death of a Dog
Maine Legislature, Session 128, LD 0419
Committee Amendment CA_A_H134 (House)
Amends: 7 MRSA §4021

COMMITTEE AMENDMENT «{+ " to H.P. 299, L.D. 419, Bill, "An Act To 
Clarify Damages for the Willful or Negligent Injury or Death of a Dog" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Clarify Noneconomic Damages for the Intentional or Negligent Injury or 
Death of a Pet' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 7 MRSA §4021 is enacted to read: 
§4021. Noneconomic damages for death of pet 
1. Liability for unlawful act. A person whose animal or whose unlawful and 
intentional or negligent act 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; 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT 'A "to H.P. 299, L.D. 419 
B. 
Authorize an award of noneconomic damages in an action for professional 
negligence against a licensed veterinarian; or 
C. 
Apply to the killing of any dog authorized under Title 12, section 12404, 
subsection 6. 
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 amendment replaces the bill and changes the title. It 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 amendment 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. It also does not 
apply to the killing of a dog when the killing is authorized under the Maine Revised 
Statutes, Title 12, section 12404, subsection 6 concerning nuisance dogs chasing, killing, 
wounding, worrying or attacking moose, deer, other wild animals, domestic animals, 
livestock or poultry. 
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. 
FISCAL NOTE REQUIRED 
(See attached) . . · 
COMMITTEE AMENDMENT 
Approved: 04/25/17 feac:. 
LD419 
LR 1741(02) 
An Act To Clarify Damages for the Willful or Negligent Injury or Death of a Dog 
Fiscal Note for Bill as Amended by Committee Amendment ·~· [ f-J- J 3'-[) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
LRl 741(021 - Fi,:c::il NntP. - "P~o-P. 1 nf 1