NJ Supreme Court Says Lacey Woman Can't Sue For Injuries From Rescuing Dog

LACEY, NJ — A Forked River woman who was injured after jumping into a canal to rescue a neighbor's dog cannot sue the dog's owners, the New Jersey Supreme Court ruled on Monday.

Ann Samolyk went into the lagoon on July 13, 2017 after a neighbor's dog either fell or jumped into the canal, according to court documents. She jumped in after hearing someone call for help. The dog was rescued unharmed but Samolyk was found "unconscious on a floating dock," the documents said.

Her husband, John Samolyk, filed civil action against the dog's owners, saying that Ann Samolyk suffered neurological and cognitive injuries as a result of the attempted rescue. He said that the owners were liable under the rescue doctrine as they were negligent for allowing the dog to fall or jump into the water.

The court unanimously rejected the claims of liability. Rescue doctrine does not apply to property, the court said, and also rejected expanding "the scope of the rescue doctrine to include those who voluntarily choose to expose themselves to significant danger in an effort to safeguard the property of another."

"Notwithstanding the strong emotional attachment people may have to dogs, cats, and other domesticated animals...sound public policy cannot sanction expanding the rescue doctrine to imbue property with the same status and dignity uniquely conferred upon a human life," Judge Jose Fuentes said in the decision.