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Animal / Dog Law Questions & Answers
1 Answer | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: I do not speak fluent English & require an interpreter. What do I do if opposing attorney wants conference call?

I cannot have a conversation as defendant with plaintiff opposing council as I do not understand English in full or legal terminology spoken in English at all. The opposing attorney is aware of this and I cannot afford attorney and cannot fine any lawyer to help me who is bilingual based on small... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 19, 2024

You can file anything you like, but the conversation with the attorney is not part of a court proceeding, and the Court is not going to order an interpreter. You can ask the Court for an interpreter for a Court hearing. Otherwise, this is your issue that you need to solve. It's not opposing... View More

2 Answers | Asked in Animal / Dog Law, Personal Injury and Civil Litigation for Florida on
Q: Is it a valid Premise Liability case in Florida if a alleged dog claim attack did not occur on the rented premises?

Pending lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks. There was no dog attack and no injury to 3rd party alleged in ident off premises. There was no injury and claims full of lies and no evidence. Landlord already dismissed from this... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

You state that this is a "lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks." If there happens to be evidence to support that claim (including the alleged injury), it may be a valid claim regardless of whether a co-defendant is... View More

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

I agree with Mr. Kaufman except would add but that for issues in which the Court requires an effort to confer in good faith before attending a hearing, if the opposing attorney were to tell the Judge that he requested to confer with you, and you refused to speak to him, the Judge will probably not... View More

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

Sorry, had a typo in my posted answer. Correction to my second sentence: "...for other particular issues, the Court will REQUIRE the parties to confer with each other - such as mutually drafting ...."

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 19, 2024

It’s difficult to determine exactly what is happening in your litigation. However, if the opposing party is bringing any pre trial motion to be heard by the judge, Florida requires that the parties meet and confer before the motion is heard by the judge. This is commonly referred to as the... View More

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1 Answer | Asked in Animal / Dog Law for Wisconsin on
Q: A puppy breeder sold us a puppy with parvo that we had to put down within 24 hours of purchase because it was so sick.

She had us sign a contract basically removing all liability from her. Could we win a small claims case for her knowing the puppy was very sick despite her contract? She said it got sick that same day we picked her up. However, the vet that put her down said her parvo was so advanced, she's... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about your experience with the puppy breeder and the tragic loss of your puppy. Dealing with a situation like this is heartbreaking.

Regarding your legal options, even though you signed a contract that attempts to remove liability from the breeder, you may still...
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1 Answer | Asked in Animal / Dog Law for California on
Q: My neighbor keeps her cat outside 24/7. The cat has been injured several times and she has not provided medical care.

I feed him frequently and she asked to stop but she doesn't feed him

James L. Arrasmith
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answered on Mar 13, 2024

I understand your concern for the well-being of your neighbor's cat. In California, animal cruelty laws are covered under Penal Code 597. Here are a few key points:

1. Failing to provide proper food, water, and shelter can be considered animal neglect, which is a form of animal...
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1 Answer | Asked in Animal / Dog Law for California on
Q: Sudden dog fight, unclear provocation. Seeking legal advice on liability and defenses.

On February 25, 2024, at Foster City Dog Park, my dog and another dog got into a fight. The incident was sudden and without clear provocation from either dog. The other dog owner and I immediately intervened and separated the dogs. At that time, the 2 dogs’ teeth clenched together. This caused... View More

James L. Arrasmith
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answered on Mar 7, 2024

California Civil Code Section 3342 generally holds dog owners strictly liable for damages if their dog bites someone, provided the victim was in a public place or lawfully in a private place. This statute is specifically targeted towards dog bites to humans, rather than interactions between dogs.... View More

1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: Yes, I can prove the city worker did NOT have my Consent or permission to neuter my cat! What are my Options?

The city worker asked if They could place traps to locate a missing orange cat! I gave her permission to do so nothing else! Instead, the city worker traps my cat and has my cat neutered without my consent or permission! I also have the city worker on Surveillance Admitting that they did it.

John Michael Frick
John Michael Frick
answered on Mar 6, 2024

Assuming you can overcome any official immunity defense and timely assert a claim against the City, you may be able to recover any diminution in value of your cat as a result of him being neutered. For example, if you could have sold the cat unneutered for $500, but neutered he can only be sold... View More

1 Answer | Asked in Animal / Dog Law and Civil Litigation for California on
Q: How do I get the defendants to bring the found property to court with them? Can I serve something with their summons?

In order to prove the found property belongs to me I need the defendants to bring that property to court, how do I do that?

James L. Arrasmith
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answered on Mar 5, 2024

Under California law, to ensure the defendants bring the found property to court, you can request a court order, often referred to as a "subpoena duces tecum." This is a legal tool used to command a person to bring physical evidence to court. When filing your case, you should indicate... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for Texas on
Q: Can I sue the animal shelter?

My animal was trapped by a city worker, stolen, and had his testicles removed without my permission or consent. Now my cat can NO longer breed, continue his blood line. Video surveillance as well.

I have before and after pictures.

Please help, or please put me in touch with someone... View More

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

It depends on the facts and circumstances of your particular situation. Many cities and towns in Texas have mandatory neutering laws. Although the terms can vary, a typical ordinance requires any male dog or cat over eight months of age to be neutered unless the owner obtains an intact-pet... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for West Virginia on
Q: My daughter was bitten by a friends pit bull 7 years ago. We never pursued charges or medical bills. She now has a scar.
James L. Arrasmith
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answered on Mar 1, 2024

If your daughter was bitten by a dog and now has a scar, but you did not pursue charges or seek compensation for medical bills at the time, you might be wondering what can be done years later. The ability to take legal action now depends on the statute of limitations for personal injury claims in... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Can an animal rescue take a dog back that we adopted from them for no valid reason?

The agreement says we need a fenced in yard. We have one and did not have the dog on a leash. They claim we lied about the fence and violated the adoption agreement, when the director really regrets adopting the dog out and has seller's remorse.

John Michael Frick
John Michael Frick
answered on Feb 28, 2024

No, an animal rescue cannot take an adopted dog back for no valid reason. They can only take an adopted dog back if the adopting person violates the adoption agreement. For example, if the adoption agreement requires you to have a fenced in yard, the animal rescue can take the dog back if you... View More

1 Answer | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for California on
Q: Lease doesnt specify pet limit however I got a “Lease Violation” for having more than 2. Do I have to get rid of them?

My lease does not specify the max pet limit. I have 3 cats and a mini dog. I received a lease violation letter because of this. The options I was given are to rehome them or move out. In my lease I signed an acknowledgment stating “I acknowledge there are no other agreements regarding animal... View More

James L. Arrasmith
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answered on Feb 27, 2024

In California, the terms of your lease agreement play a critical role in determining your rights and responsibilities as a tenant, including policies regarding pets. If your lease does not explicitly limit the number of pets you can have, and you've signed an acknowledgment that there are no... View More

2 Answers | Asked in Animal / Dog Law, Civil Rights and Constitutional Law for California on
Q: My dog was stolen from me and was hit by a car. i made a police report but they arent taking it sertiously
James L. Arrasmith
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answered on Feb 26, 2024

In California, the theft of a pet is considered a serious matter, and you have the right to expect law enforcement to take appropriate action on your police report. If you feel your case isn't being taken seriously, it may be beneficial to follow up with the police department, providing any... View More

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1 Answer | Asked in Adoption, Animal / Dog Law and Civil Rights for Florida on
Q: I need help getting my cats back that were given away by someone else who has no rights to them surrendered them an

They got adopted. I called the shelter asking if they were there multiple times days after day and was told no but they were and now I'm being told they were there so I was lied too when I was trying to claim them within the 5 days they lied saying they weren't there so they wouldn't... View More

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a difficult situation with your cats, and it's understandable that you're feeling frustrated and upset. It's essential to gather all the evidence you have that proves ownership of your cats, such as vet records, adoption papers, or photos. This... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Tennessee on
Q: The local law enforcement shot and killed my dog when responding to a noise complaint do I have a case against them?

I live in a trailer park and my neighbors called in a noise complaint because me and my wife were arguing because as we were leaving we couldn't find my card. We didn't know a noise complaint had been called, so we were inside our trailer looking for it. While we were looking we had left... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's understandable that you're feeling heartbroken and outraged by the actions of the local law enforcement in this tragic incident involving your beloved dog. Whether or not you have a case against them would depend on various factors, including the specific laws and regulations in your... View More

1 Answer | Asked in Animal / Dog Law, Family Law and Civil Rights for Tennessee on
Q: I had to give my dogs away but I told the people that I want them back not even a day they got one of my dog adopted

I also live with my family and we have three dogs. I don’t have the dogs registered so I’m not sure if I’m able to do anything. But yesterday my mother gotten a call about my dog not eating in two days and bite a person trying to feed her then wanted to put my dog down. We want and gotten her... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're in a distressing situation regarding your dogs. If you didn't sign any legal documents relinquishing ownership of your dogs and you clearly communicated your intention to reclaim them, you may have grounds to seek legal recourse. However, without official... View More

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for Ohio on
Q: Hello, my apartment complex is denying my ESA animal due to a no dog policy. Am I allowed to bring the dog on property?

I have been diagnosed by 2 mental health professional with disorders that meet the criteitia for an ESA animal. I turned in the proper letters and info but my apartment complex denied me and didn't state why. Then I provided the professionals credentials to show they can write the letter. The... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you are facing a challenging situation with your apartment complex regarding your emotional support animal (ESA). While you have provided the necessary documentation from mental health professionals to qualify for an ESA, your apartment complex has denied your request without stating... View More

1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: I need a lawyer in San Antonio Texas because my roommate or should say a person who lives in the same house with me .

This person let my dogs out and one of them who I think he dumped miles away came back around 8 hours later with injuries and could barely walk and she (Scarlett) needs to go to the vet. My other dog was here at the house

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

First, this is a Q&A forum in which individuals ask a legal question and Justia lawyers have the option of answering the questions. If you are looking for a lawyer for a specific legal matter, you should use the "Find a Lawyer" option and search for a lawyer in San Antonio or Bexar... View More

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