November 2022

Kelly Crouch, CFA Legislative Information Liaison
Sharon Coleman, CFA Legislative Legal Analyst

Delaware Governor John Carney signed the Senate Substitute Bill SS1 for SB 258 into law on October 14, 2022. The Izzy the Cat Act authorizes courts to award pet owners compensatory, or financial, damages due to negligent, reckless, or malicious injury or death to a pet. It includes amendments to the original bill removing the cap on compensatory damages and the authorization for emotion-based damages for tortious acts. The amendments also add a sunset provision causing the entire Act to expire 3 years after its enactment unless “otherwise provided by a subsequent act of the General Assembly.”

Lawmakers usually limit emotion-based or non-economic damages for a minimal set of circumstances involving the injury or death of a person. In states that authorize these damages, breeders and pet owners could expect increases in direct costs such as veterinary care, boarding, pet food, and supplies. Indirect costs such as homeowners or automobile insurance would also probably increase. Expanding it to pets would have far-ranging consequences for all pet owners for the benefit of a few.

The “Delaware Considers Emotion-based Damages for Pets this Session” discussed SB 258 in the May 2022 What’s Hot.