Kings County, New York Supreme Court, in Deblase v. Hill, on June 17, 2025 expanded the definition of “immediate family” under the “zone of danger” legal doctrine to include the family dog, allowing a plaintiff to recover damages when her dog was struck by a car and killed in her presence. Plaintiff, Nan Deblase, may recover emotional distress damages for having witnessed the death of her son’s dog Duke in a vehicle collision while they were walking through a crosswalk. The Nonhuman Rights Project (“NhRP”) filed two amicus briefs (friend of the court briefs) in support of the plaintiffs in the case, arguing that justice and the flexible nature of the common law require allowing the plaintiffs to recover emotional distress damages for having witnessed Duke’s death.
The defendant moved to dismiss the case on the grounds that dogs cannot be considered immediate family. Kings County, New York Supreme Court Justice Maslow disagreed. “Adhering to unyielding general precedent no longer aligns the law with current societal norms concerning family pets,” Justice Maslow wrote. A trial on damages will follow Justice Maslow’s decision.
If you lost a pet due to a driver’s negligence, schedule a free consultation with Buffalo, NY personal injury lawyers Friedman & Ranzenhofer, PC by calling or texting (716) 543-3764 now to learn your legal rights and options.