Skip to main content
The plight of Chimps
No-Fault

The plight of Chimps

By Jason Tenenbaum 8 min read

Key Takeaway

A New York appellate court ruled that chimpanzees cannot be considered "persons" under habeas corpus law, despite their human-like characteristics and cognitive abilities.

The concept of legal personhood has traditionally been reserved for humans in American jurisprudence. However, animal rights advocates have increasingly challenged this boundary, arguing that certain highly intelligent animals deserve fundamental legal protections. A recent New York appellate court decision addressed this exact question when the Nonhuman Rights Project sought habeas corpus relief for chimpanzees.

The case raises fascinating questions about the intersection of cognitive science and legal frameworks. While New York No-Fault Insurance Law typically deals with human injuries and compensation, this decision touches on broader principles of legal standing that affect how courts interpret statutes across various practice areas. The court’s reasoning provides insight into how legal precedent shapes judicial decision-making, similar to the careful statutory interpretation we see in cases involving CPLR provisions.

Jason Tenenbaum’s Analysis:

Matter of Nonhuman Rights Project, Inc. v Lavery, 2017 NY Slip Op 04574 (1st Dept. 2017)

(1) “The gravamen of petitioner’s argument that chimpanzees are entitled to habeas relief is that the human-like characteristics of chimpanzees render them “persons” for purposes of CPLR article 70. This position is without legal support or legal precedent.”

(2) “The asserted cognitive and linguistic capabilities of chimpanzees do not translate to a chimpanzee’s capacity or ability, like humans, to bear legal duties, or to be held legally accountable for their actions. Petitioner does not suggest that any chimpanzee charged with a crime in New York could be deemed fit to proceed, i.e., to have the “capacity to understand the proceedings against him or to assist in his own defense”

(3) “While petitioner’s avowed mission is certainly laudable, the according of any fundamental legal rights to animals, including entitlement to habeas relief, is an issue better suited to the legislative process”

Key Takeaway

The First Department firmly rejected the notion that chimpanzees qualify as “persons” under New York’s habeas corpus statute, emphasizing that legal personhood requires not just intelligence, but the capacity to bear legal duties and be held accountable. The court directed advocates to pursue legislative rather than judicial solutions for expanding animal rights.

Common Questions

Frequently Asked Questions

What is New York's no-fault insurance system?

New York's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. This pays for medical expenses and lost wages regardless of who caused the accident, up to policy limits. However, you can only sue for additional damages if you meet the 'serious injury' threshold.

Filed under: No-Fault
Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

About the Author

Jason Tenenbaum

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

Long Island Legal Services

Explore Related Practice Areas

Free Consultation — No Upfront Fees

Injured on Long Island?
We Fight for What You Deserve.

Serving Nassau County, Suffolk County, and all of New York City. You pay nothing unless we win.

Available 24/7  ·  No fees unless you win  ·  Serving Long Island & NYC

Injured? Don't Wait.

Get Your Free Case Evaluation Today

No fees unless we win — available 24/7 for emergencies.