Support for LAist comes from
Local and national news, NPR, things to do, food recommendations and guides to Los Angeles, Orange County and the Inland Empire
Stay Connected
Listen
Podcasts AirTalk
Horse sues former owner for neglect, but can courts recognize animals as plaintiffs?
solid blue rectangular banner
()
AirTalk Tile 2024
This is an archival story that predates current editorial management.

This archival content was originally written for and published on KPCC.org. Keep in mind that links and images may no longer work — and references may be outdated.

Aug 16, 2018
Listen 12:28
Horse sues former owner for neglect, but can courts recognize animals as plaintiffs?
Last summer, an Oregon man pleaded guilty to criminal neglect for leaving his horse underfed in the outdoors.
The Carlos family owns two acres of land in Bloomington, Calif. with horses, goats and chickens.
Horse on a farm in California.
(
Maya Sugarman/KPCC
)

Last summer, an Oregon man pleaded guilty to criminal neglect for leaving his horse underfed in the outdoors.

Last summer, an Oregon woman pleaded guilty to criminal neglect for leaving her horse underfed in the outdoors. But Justice, the horse, did not take this sitting down. Justice is suing its previous owner, Gwendolyn Vercher, alleging negligence.

The case begs the question if courts can recognize animals as plaintiffs. Last year, Connecticut became the first state to allow courts to appoint lawyers or law students as advocates in animal cruelty cases. In Oregon, animals are protected under the state’s anti-cruelty law, which describes animals as “sentient beings.” Animal Legal Defense Fund, the firm that is filing the lawsuit in Justice’s name, says state courts have ruled that animals can be considered individual victims, a decision that gives animals the right to sue their abusers.

Meanwhile, Justice, whose former name is Shadow, has moved to a temporary home in Estacada. Its ignorance of the lawsuit is irrelevant to the case, according to the law firm representing the horse. While Justice enjoys its time in the spotlight, we debate if a horse can actually sue its former owner for negligence.

Guests:

Matthew Liebman, attorney specializing in animal law and director of litigation at the Animal Legal Defense Fund, an animal rights nonprofit group suing on behalf of Justice the horse

Richard L. Cupp, law professor at Pepperdine University School of Law, where his focus includes torts, products liability and animal law; he tweets

Credits
Host, AirTalk
Host, All Things Considered, AirTalk Friday
Senior Producer, AirTalk & FilmWeek
Producer, AirTalk with Larry Mantle
Producer, AirTalk with Larry Mantle
Associate Producer, AirTalk & FilmWeek
Apprentice News Clerk, AirTalk
Apprentice News Clerk, FilmWeek