Emotional Distress Claims for Pet Owners in New York

New Legal Ground for Pet-Related Emotional Damages

A Landmark Ruling: Emotional Distress Damages for the Death of a Leashed Dog

In a groundbreaking 2025 decision, the Kings County Supreme Court expanded New York’s “zone of danger” doctrine to include leashed family pets, recognizing their emotional value in the eyes of the law.

This case involved a woman walking her family dachshund, Duke, who was tragically struck and killed by a car in a Brooklyn crosswalk. The driver failed to stop at a posted stop sign. Duke was properly leashed and within the legal crosswalk at the time of the accident. The pedestrian — the dog owner’s mother — witnessed the horrific event and was nearly struck herself.

For the first time in New York, Brooklyn Supreme Court Justice Aaron Maslow ruled that a leashed dog can be considered “immediate family” for the purposes of emotional distress claims under specific circumstances. This significant shift allows pet owners — if they themselves were within the “zone of danger” — to pursue compensation for emotional trauma, a right traditionally reserved only for those who witness harm to close human family members.

What Is the “Zone of Danger” Doctrine?

Under New York personal injury law, the zone-of-danger rule allows a bystander to recover for negligent infliction of emotional distress (NIED) if:

• They were within the zone of physical danger themselves, and
• They directly witnessed the serious injury or death of an immediate family member.

Until now, this rule was strictly limited to human family members. But this new ruling recognizes what so many New Yorkers already know: dogs are family, too.

Can You Sue for Emotional Distress After Your Dog Is Killed?

In certain cases, yes. If:

• Your dog was leashed and lawfully within a crosswalk or similar public space;
• You witnessed the incident and were yourself endangered;
• The dog was treated as a close family member (not commercial property or stray),

…then you may be entitled to compensation for your mental, emotional, and psychological suffering.

Greenstein & Pittari, LLP is closely watching the evolving legal standard. We are proud to stand at the forefront of animal-related injury litigation in New York and are prepared to fight for grieving pet owners whose suffering has too long been dismissed under outdated definitions of property law.

Why Choose Greenstein & Pittari, LLP?

We understand how traumatic it is to lose a beloved pet — especially in a preventable accident. When you’re already grieving, the last thing you need is an uphill legal battle. That’s where we come in.

✅Top-Rated NYC Personal Injury Lawyers – Recognized by Super Lawyers and Best Lawyers
✅Local Offices Across NYC – Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers & Nassau
✅No Fee Unless We Win – Our Fee Guarantee
✅Hundreds of Five-Star Reviews from clients across New York
✅Bilingual Legal Services available
✅We Handle the Insurance Companies so you can focus on healing

Don’t Be a Victim Twice – Call 1-800-VICTIM2 (1-800-842-8462)

At Greenstein & Pittari, LLP, we fight for victims every day — whether they’re recovering from car accidents, police misconduct, or the tragic death of a cherished pet. If you witnessed the injury or death of a leashed dog and believe you were within the “zone of danger,” you may have a valid emotional distress claim under New York law.

📞 Call us today for a free consultation:
1-800-VICTIM2 (1-800-842-8462)
The call is free. The consultation is free.
You don’t pay unless we win. That’s our Fee Guarantee.

Serving All New York Boroughs and Beyond

We proudly serve clients from seven conveniently located offices across the greater New York City area:

• Harlem
• Bronx
• Brooklyn
• Queens
• Staten Island
• Yonkers
• Nassau County

Wherever you are in New York, we’re just a phone call away.