By: Lauren Magnotti
Abstract by: Daniel Egan
Animals are living beings possessing characteristics that make
them inherently different from inanimate pieces of personal
property; yet, animals continue to be viewed as mere property under
the law. Animals have no legal personhood and, as a result, they
cannot bring suit on their own behalf. Rather, an individual or
organization must bring suit on behalf of animals, and they must
independently satisfy the requirements for standing. Without a
direct injury to the party, the cause of action will not
proceed.
To allow suit only where a human being suffers injury ignores
the fact that animals themselves have interests entitled to legal
protection. The main concern of the plaintiff is the welfare of the
animal, and it should not be necessary to force the plaintiff to
plead some sort of injury to themselves. Courts must discontinue
categorizing animals as mere property. Animals are qualitatively
different that other items of personal property, and it is time the
law recognized this.