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Maryland Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law and Consumer Law for Maryland on
Q: I bought some cattle over the phone from a cattle dealer in NY State. He told me they weigh an average of 1250 Lbs.

When they got here I weighed them and they averaged 915 lbs. I had paid him before he sent them to me. What can I do to make him take them back or refund money to me ?

James L. Arrasmith
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answered on Dec 6, 2023

In your situation, where the cattle delivered from New York State weigh significantly less than what was represented by the seller, you have a few potential options to pursue. The discrepancy in weight can be a valid basis for a claim, especially if you have evidence of the seller's original... View More

2 Answers | Asked in Animal / Dog Law, Consumer Law and Personal Injury for Maryland on
Q: What type of lawyer helps us fight a business that sold a faulty prod resulting in a fire and pet death?

Our camper caught fire before getting it insured. We learned the fire was (in a nutshell) b/c of either a faulty device or poor installation of another company's device that was installed by the manufacturer. Basically, the fire was inevitable and there was no warnings despite customer... View More

Scott Scherr
Scott Scherr
answered on Sep 8, 2023

You should look for an attorney that handles fire cases. Under the law, you will have the burden of proof to show that the fire was caused by a defective product or someone's negligence. This is requires expert testimony which can be expensive. Some attorneys will advance the expenses and take... View More

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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: In Baltimore County Md does your yard need to be fenced if you are leaving your dog out unleashed?

My neighbor thinks because the leash law only says that her dog must be leashed only when off of her property she can let it out in an unfenced yard where it isn’t contained and in my opinion not under her control because she doesn’t have it on a leash. Is that accurate??

Scott Scherr
Scott Scherr
answered on Jun 20, 2023

If the dog does not leave the owner's property, it does not have to be leashed. However, if the dog ventures away from the owner's property, it is a violation if the dog is not leashed.

The Baltimore County Code states:

(c)Animal at large.

(1) (i)"Animal at...
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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: An ex left me their dog and cat almost 5 years ago, now they are threatening to come take them back. Can that happen?

What should I do being the animals were originally obtained in nj but have been living with only me in md for the past 5 years. Do they still have rights if they left the animals 5 years ago with no contact?

Mark Oakley
Mark Oakley
answered on Jun 20, 2023

Your argument is either (1) they were a gift to you, and once given, title passes to the recipient, so those pets are yours now; or (2) he abandoned them--abandonment being the intentional relinquishment of property (pets are property under Maryland law) and giving up of rights, which may be proven... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: I was given a dog back in June 2022, now its almost 2023 and their threatening me to give the dog back?

I have vet records in my name. The original owner got incarnated and his girlfriend is who gave me the dog. Legally what can they do to get the dog back do they have any rights ? Thanks

Mark Oakley
Mark Oakley
answered on Dec 21, 2022

If the dog was not the property of the girlfriend, she had no legal right to give it away without authorization and consent of the incarcerated owner. If the incarcerated owner gave her that consent, then that's a different matter. A person (you) who receives a gift or even purchases... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: An independent contractor dog walker for a DC-based dog walking company was bitten by a MD client's dog.

The business is not yet registered in MD. Will this fact affect her case?

Mark Oakley
Mark Oakley
answered on Nov 13, 2022

Probably not. Not all businesses need to be registered to do business in Maryland. The dog bite claim may be treated independently from the dog walking contract. Not enough facts to evaluate. However, if the dog walking business is a party to the suit, and if it is required to be registered to do... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: My live-in boyfriend bought a dog in May. He moved out October 2 and left the dog, expressed intention to get her.

He wants to get the dog when he has a stable place to live. How long can he leave her with me until I can assume ownership. I have paid for all her food and provided all her care.

Scott Scherr
Scott Scherr
answered on Oct 21, 2022

Dogs are considered personal property under Maryland law. The owner of the dog is the person that purchased the dog. Personal property can be abandoned, but in this case, he has indicated that he intends to retrieve the dog which indicates he is not abandoning the dog.

As the owner of the...
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1 Answer | Asked in Criminal Law, Agricultural Law, Animal / Dog Law and Environmental for Maryland on
Q: Can dnr officers search my house without permission in md if someone (lies) tells them i have a monkey inside my house?

They came and knocked on my door but i didn't answer. I was told by a neighbor that another neighbor that doesn't like me told the police or dnr that i have a monkey. But now I'm scared to sleep bc in scared they are gonna raid my house n i have really bad anxity and ptsd. I... View More

Scott Scherr
Scott Scherr
answered on Nov 2, 2023

They cannot raid your house unless they get a warrant.

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: How long does an owner have to claim lost dog until dog belongs to new owner. After original has been contacted?

Lost dog was found on N. Carolina interstate. Friend brought dog to Maryland as they were returning from a trip. Attempts were made to find owner via lost dog webpages in the county that the dog was found. I took dog to animal shelter in MD and found out it was chipped and the owners were contacted... View More

Mark Oakley
Mark Oakley
answered on Oct 3, 2022

When the owners' failure to come get the dog meets the legal definition of abandonment. Abandonment requires the intentional giving up of ownership. Intent can be express ("I no longer want the dog, you can have it"), or implied through conduct (e.g., refusal to respond to... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Me and my ex split two weeks ago, we bought a dog together and she will not let me see him, do I have rights to see him?
Scott Scherr
Scott Scherr
answered on Jun 27, 2022

Dogs are considered personal property under the law. The owner of the dog is the purchaser. Evidence could include the name on the bill of sale, the name listed on the veterinarian's records, etc. Courts do not get involved in "visitation" issues for pets.

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: My dog playing with another dog on my property. The other dog ran off my property but my dog stayed. Whos responsible?

Who’s responsible if the dog scares a neighbor walking by? Am I responsible for the unleashed dog leaving my property or is the other dog owner responsible. There was no attack but I’m being threatened that I’m responsible for unleashed dog leaving my property

Mark Oakley
Mark Oakley
answered on Jan 21, 2022

Who is threatening you? Animal Control officers? They do not threaten, they issue warnings and citations. You cannot have unleashed dogs (yours or others under your supervision) running loose off your property or having unwanted contact with others. If you took responsibility to watch and... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Dogs running at large case(no hurt,no bark) MD law:the maximum penalty-30 days jail for the owner.When it can happen?

Dogs get run. Didn’t hurt anyone, didn’t bark. Just run through the neighbor’s yard to the forest. No intention from the owner. “Nice” Neighbour opened cases “dogs at large”, “dogs trespassing”. Surprisingly, maximum penalty for dogs running at large in MD is 30 days jail for the... View More

Scott Scherr
Scott Scherr
answered on Jan 20, 2022

I seriously doubt you would receive jail time for this. You may want to retain counsel to get the best possible result.

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: My in laws separated & are divorcing she wouldn’t allow him to take his dog all the paperwork is in his name

but she was never gifted the dog or paid a dime towards food or vet expenses he gave me ownership through the vet when he found out she tried to rehome the dog many of times and had me caring for dog die to her living conditions now she’s wanting the dog and saying the dog is her emotional... View More

Mark Oakley
Mark Oakley
answered on Jan 11, 2022

If the dog was purchased/acquired during the marriage, and was not a gift made just to the husband, then the dog would be marital property. He would not be the sole owner. However, you are claiming he made a gift of the dog to you. Whether a court would uphold a gift made by one joint owner of a... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Can I avoid a 3 dog limit in my county if I am a professional dog trainer/business owner with demo dogs at home?

Baltimore County

Mark Oakley
Mark Oakley
answered on Dec 25, 2021

Each county and incorporated town or city has its owm local code or ordinances governng this issue. In Baltimore County, if you have more than three dogs, you are required to obtain a holding facility or kennel license. To find out if you are zoned for a holding facility or kennel license, please... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: How long does my sister have to have her dead fiance's dog in her possession before it's legally hers

My sister's Fiance died on Monday and he had this dog before they even met but they were together for a little over a year and living together for about 4 months when he died his parents are to fragile to handle the dog and told her she should keep him on Friday a friend of his said he is... View More

Mark Oakley
Mark Oakley
answered on Sep 12, 2021

The dog is personal property under the law. Personal property of a deceased person belongs to the deceased person's estate. When someone dies without a will, the law of intestate succession applies to determine the legal heirs entitled to inherit the estate assets. An unmarried person... View More

1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Wrongful Death for Maryland on
Q: Can I sue the animal shelter if my dog became really sick after getting out?

My dog went out my door and went missing for a couple of hours. Later animal control got a hold of my dog. I took my dog out a week later since I couldn't pay for the fees at the time. I went to go get my dog this Tuesday and they told me that she hasn't eaten in those days. My dog was 5... View More

Mark Oakley
Mark Oakley
answered on Jul 3, 2021

You have to prove that the shelter had a duty to care for your dog, breached that duty of care in some way, and that breach of care directly resulted in your dog's death. You have articulated no facts to support how or what caused your dog's death. How do you know your dog did not eat... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Do I have a case of a snake hit me in the market

On side of my face

Mark Oakley
Mark Oakley
answered on Jun 15, 2021

Without more details and facts, your question cannot be answered. Did somebody own the snake as a pet, and negligently allowed it to escape or come into contact with you? Was the market inside a retail building, or open air? Encounters with wild animals in public spaces, and even on private... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: My ex kept and will not give my dog back. The dog is chipped under my name and vet is under my name.

While moving out took the dogs paperwork. I have paid most of dogs bills and have been primary caregiver.

Mark Oakley
Mark Oakley
answered on Jun 14, 2021

How was the dog acquired, who was present when it was acquired, was there a contract/adoption agreement, whose name in on the paperwork, did money exchange hands, who paid, were the two of you already living together at the time or if not with whom did the dog reside before you two began living... View More

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Can you help me? I have video footage of a resident bringing his dog into my yard, walking along my house to pee/poop.

The resident has entered my property on multiple occassions and my Ring camera captured the incidents. The residents (a female, young male and older male), come to my property at different times. The footage I have shows the dog walking along the side of my house (almost on the bricks) from my... View More

Mark Oakley
Mark Oakley
answered on May 21, 2021

Serve them a written notice not to come onto your property or you will have them charged with trespassing. You do not need a lawyer for this.

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Is it considered trespassing by a dog owner that repeatedly allows pet to urinate/defecate on private property?
Mark Oakley
Mark Oakley
answered on Apr 21, 2021

There are leash laws, and laws requiring pet owners clean up after their dog. These are usually county or municipal infractions under local code. So, if you witness the incident and can identify the pet owner, you can report it to the police or local Animal Control. As far as trespassing, you... View More

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