The Iowa Legislature enacted a new provision regarding mistreatment of service animals. HF 2348 is now a new part of Chapter 717B, codified as Iowa Code § 717B (1), (2) and (4) as it relates to injuries to to companion animals. This is a major legal development that places recognizes the emotional value of pets, and service dogs are also pets not just employees.
Unfortunately, Iowa law still enforces the rule that only the economic value of a murdered pet is compensable at law. The legal authority that prohibits emotional distress or loss of consortium damages is Nichols v. Sukaro Kennels, 555 N.W.2d 689 (Iowa 1996), for those who want to read this case for themselves. The holding in that case was plaintiffs cannot recover emotional distress damages for the death of a pet unless they witnessed the event. The Court also found that Iowa's statutes allow recovery for injury or damage to trees, treble actual damages, for damages to trees but no statute allows a similar recovery for injuries or the death of pets.
The Nichols Court relied on earlier Iowa precedential cases from 1964, 1940 and the following language from a 1964 edition of Am Jur, a legal encyclopedia.
The measure of damages for injury to, or destruction of, an animal is the amount which will compensate the owner for the loss and thus return the owner, monetarily, to the status he or she was in before the loss." 4 Am.Jur.2d Animals § 162, at 504 (1964) ... In determining the measure of damages for injuries to a dog, factors include its market value, which may be based on purchase price, relatively long life of breed, its training, usefulness and desirable traits." 4 Am.Jur.2d Animals § 165 at 509.Nichols at 691-692. So plaintiffs cannot recover any emotional distress or loss of consortium damages even if the family witnesses the injury or death.
A recent decision noted the dramatic change in public opinion regarding pets. The facts of the case were tragic.
Tragically, Bolt had been killed, so West left the scene to take his pet to a veterinarian for end-of-life needs. After arriving home from the veterinarian, West sought medical attention for his own injuries. West testified that he had pain in his chest along with scrapes on his arms, hands, and feet. West also testified he had damage to several teeth. After the accident, West began meeting with a therapist to address his anxiety and depression.
West v. Stafford, No. 25-006 (12/17/2025). Judge Tyler Buller specially concurred and noted the disconnection between social views of pets:
Under existing Iowa supreme court precedent, pets are treated as personal property—the same as a toaster, a toothbrush, or a trashcan. E.g., Nichols ... I think most pet owners would bristle at that notion. Almost two thirds of Americans own a pet, and 97% of pet owners consider pets part of their family. See Anna Brown, About Half of U.S. Pet Owners Say Their Pets Are as Much a Part of Their Family as a Human Member, Pew Research Center (July 7, 2023), https://perma.cc/9FVU-SE9C. Just over half of pet owners consider their pets “as much a part of their family as a human member.” See id. Despite the importance of pets in modern society, the law has lagged far behind. And Iowa is hardly alone in its “pets are just property” approach. West at pg. 7. Judge Buller is spot on. The attitudes toward pets has dramatically changed since the creation of the property value only damages for the negligent or intentional injury or death of pets. Most pet owners will bristle upon learning that the law treats the loss of pets as comparable to the loss of a small appliance or a trashcan.
HF2438 recognizes the value of companion animals. Let's be honest, though. All pets are companion animals in the broader sense; we keep pets specifically for their companionship. They are part of the family and their loss hurts more than human loss in many situations.
This law won't change unless the legislature changes it. The people who bear the the damage from the death of a pet are not the people of Iowa, as criminalizing cruelty to companion animals implies. The people who bear the loss of a pet are the pet's human family. Far past the time to recognize the changing and prevailing social attitudes toward their four legged family members.
Email or call your legislators and demand this change. You can find your legislative representatives here. As always, support your local no kill shelters, here and here.
Cruelty to animals is never excusable and compensation should be more than replacement costs.
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