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Florida Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for Florida on
Q: The question is is that I took my dog to a off the leash dog park where she was chasing another dog (nine-month-old She

The question is is that I took my dog to a off the leash dog park where she was chasing another dog (nine-month-old Shepherd) and the shepherd slipped on wet concrete and crashed into a fence where she hurt her leg most likely a sprain of some sort as she was starting to put weight on it when I was... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 15, 2021

Your liability to the owner of the other dog depends on whether the trier of fact (judge or jury) is convinced by a preponderance of evidence that you did something negligent; I would argue that it was not foreseeable on your part, when you took your dog off-leash, that this would happen. And, if... Read more »

2 Answers | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: My dog bit a house painting crew member that we hired.

Hello, so we hired a painting company to paint the inside of our house. My wife advised them that she would be working from home in the bedroom and our chihuahua shitzu mix dog would be in there with her. Later in the day when taking the dog outside, my wife got distracted and the dog ran upstairs... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 16, 2021

Yes, be sure to notify your insurance carrier of the situation. If you sell, the insurance carrier would still be responsible for this potential claim.

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1 Answer | Asked in Animal / Dog Law for Florida on
Q: Florida Dog Bite, please help

I had my dog (9 month old Australian Shepherd, male) on his leash, opened my door and a neighbor was standing on my apartment doorstep while listening to music on her headphones- leaning against my door. I was surprised and gasped. My dog ran up to her and bit her on the arm, it was a superficial... Read more »

Brandon Labiner
Brandon Labiner answered on Jun 1, 2021

I believe this is the same question as a previous question in Personal Injury, but with a bit more detail. As I said there, I would make a point that you do not feel comfortable discussing this without the woman who was injured present. Any claims for payment of her injuries would go through your... Read more »

1 Answer | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: Florida Dog Bite, what should I do?

Hello and thank you for helping! As my neighbor was walking down the apartment complex hallway, she was listening to music on earphones when she reclined on my door frame. This was when I opened the door, my dog was behind me on his leash but when I got spooked and gasped because I was frightened... Read more »

Brandon Labiner
Brandon Labiner answered on Jun 1, 2021

You certainly did the right thing by filing a police report. Details of the situation and injuries should be included there just in case. As to the medical bills, if she is unresponsive, there isn't much you can do at the moment. If her boyfriend reaches out to you again, I would inform him... Read more »

1 Answer | Asked in Animal / Dog Law for Florida on
Q: If an adult buys a minor a 3-month-old puppy is it the minor's responsibility to take care of the dog's every need?

the puppy already has all the necessities it needs from toys to food to bed to blanket to towel to pampers in order to pee and poop. is it the responsibility of the minor to take care of the dog starting at 7 am-5 pm even if the minor has school or not ( weekend/ vacation)

Terrence H Thorgaard
Terrence H Thorgaard answered on May 26, 2021

It is the adult's responsibility. If the parent or other custodian of the child wants to require the child to perform those tasks, that is between the adult and the child. But if you are trying to ask whether the child can be punished by the authorities for animal abuse or neglect, the... Read more »

1 Answer | Asked in Animal / Dog Law for Florida on
Q: my dog came hold me today missing for a year

Goodness i cant change the question lol

The question is: my Dog went missing for a year neighbor took my dog knowing she was ours, she came home to me today and they want her back what do we do?

my dog has been missing for a year turns out my neighbor had her even when we asked if... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 24, 2021

Yes, get whatever evidence you can gather that the dog was given to you and that this dog is the same one.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: How to get my sons puppy out of animal control if he is arrested in Florida?

He was arrested today and animal control took the dog because he lives by home self and nobody else was there to claim the pet. I called the pound and they are saying I need power of attorney to get the dog? Is this true?

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 26, 2021

It seems that the pound wouldn't actually know that the dog isn't yours unless you told them, but if that's what they say, the easiest way to do it would probably be to download a POA form, bring it to the jail, and have your son sign it.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Can I shoot an aggressive dog that comes over my fence into my property in Florida.

My yard is fully fenced in, the dog is going up tree on neighbors side to come into my yard to charge at me while I garden. I have a registered fire arm if I fear for my life can I shoot the dog.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 24, 2021

Yes, but if I were you I would avoid doing so. You might be charged with such things as discharging a firearm in an unsafe manner (endangering people in the area), cruelty to animals (if it's not a clean kill), etc. It might be better to first trying a report to animal control.

1 Answer | Asked in Civil Rights, Criminal Law, Animal / Dog Law and Federal Crimes for Florida on
Q: My friend owns a non-profit sancturary and some of her cats where stolen. The police are saying it is a civil matter.

What can she do to try and recover them? They know who did but dont know what she did with them. They maybe on some property the person owns but how would you go about legally checking the premises for them? They have asked around and none of the animal rescues or animal control have seen them and... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 9, 2021

Not sure if you're getting the whole story. When the police say it's only a civil matter, it's usually because there's an ownership dispute between the person missing the property and the person who took the property. Another possibility, I suppose, is the other person just... Read more »

1 Answer | Asked in Animal / Dog Law for Florida on
Q: I'm St Tammany Paris isit legal to sell a dog for $150 if it is not a full breed with no papers no shots private seller

For Louisiana not Florida

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 8, 2021

My guess would be that there are no restrictions on what a willing buyer can pay a willing seller for a dog, either in Florida or in Louisiana. But you might want to post this question in Justia > Ask a Lawyer > Louisiana to be sure.

1 Answer | Asked in Divorce and Animal / Dog Law for Florida on
Q: Can I take back full custody of my dogs since I'm legally the only owner even though I made a custody agreement?

Hello, I'm going through an amicable divorce. We share 2 pugs between ours homes and do one week on and one week off. I drew up a notorized document that outlines this just to have it on paper that we both signed. The other party brings in quite a few new people and has been taking the dogs to... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 30, 2021

Dogs are considered property in the State of Florida. Therefore, it would be difficult for your ex to enforce the "custody agreement" you all made. You may want to discuss it with him and see if he'll agree to you having them full time. Otherwise, you may need to get help from... Read more »

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Hello, I am super upset because I took my dog to the vet yesterday (Friday the 15th) to get a tumor removed.

After the surgery the vet called and gave us the worse possible news. That it was the worse he’s ever seen. Mind you, this dog was jumping and playing like nothing the day of surgery. He also told us he didn’t know how long she’d live. He said he wanted to keep her one more day and would call... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2021

It looks like you are going to have to wait until Monday. Good luck.

1 Answer | Asked in Wrongful Death and Animal / Dog Law for Florida on
Q: Can I sue the vet for malpractice?

The first vet said my cat had an infection. I had to take him back about 5 times. He just gave him more antibiotics. It getting worse. Several spots were on him. The vet told me he couldn't do any more for my baby. Another vet referred me to a reputable vet. I took him. She said I should have... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 27, 2020

Yes, check out Joey’s Legacy on Facebook for resources in Florida.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Florida on
Q: Purchased puppy who got very sick. FL breeder does not want to help with the bills.

I purchased a puppy who became very sick. I am heartbroken and almost lost him. The breeder is in Florida and does not want to help pay for the vet bills or reimburse me for the price of the puppy. In the state of Florida can I sue them in small claims court for the price of the puppy and all of... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 27, 2020

Yes you can sue. You might want to check Florida’s consumer protection and breeder laws to see if there is anything specific that helps you in the lawsuit. Try reaching out to a Florida consumer protection or civil attorney.

1 Answer | Asked in Civil Rights and Animal / Dog Law for Florida on
Q: I need my fur baby back, please

I was literally forced to give away my Bella, I am disabled and I have had my little girl for 8 years, she became my emotional support dog, I lost a child in 2003 Bella helped me with that loss, she got sick and I took her to an animal hospital, the vet told me she needed an operation that was... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 25, 2020

Makes no sense, and sounds like you've been defrauded. Are you saying that giving her to the shelter gets the dog FREE surgery, then the dog belongs to someone else?? - but for you, it would cost $5K?? Also, euthanizing, at most clinics, costs WAY LESS than $500. First, run back to the... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Florida on
Q: In florida how long do I have to file a lawsuit against someone who's dog injured my dog on my property?
Charles M.  Baron
Charles M. Baron answered on Nov 22, 2020

The Fla. limitations period for both damage to personal property (dog) and negligence (other than professional malpractice) is four years. This answer is given as guidance only. Any time there is an issue of your claim being potentially barred by the statute of limitations, do not rely solely on... Read more »

1 Answer | Asked in Animal / Dog Law for Florida on
Q: My dog was just killed by an Amazon driver. What can I do?

my daughter was walking her and the leash is an extended leash. So while still on the leash my dog ran out into the street while the Amazon truck was coming down and the Amazon truck hit my dog killing her.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 20, 2020

Start by asking Amazon for their insurance information. And then contact the insurance carrier and make a claim for compensation.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: A puppy was adopted from a breeder in without any formal contracts, and now the puppy has a genetic heart defect.

Can this be a legal issue?

-No formal contract.

-Florida breeder and buyer

-Original health paper said puppy was healthy.

Original paperwork was titled “official certificate of vet inspection for intrastate sale of dog or

Cat” signed by the breeder’s... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 28, 2020

What do you mean by "Original health paper"; was it something signed?

1 Answer | Asked in Civil Litigation and Animal / Dog Law for Florida on
Q: Who is liable for death of pet, company or employee caring for pet at time of death?

Let’s assume an individual is an employee of dog daycare company. A dog, genetically predisposed to breathing complications and overheating dies, without intent from employee, while under care of employee after extraneous exercise for particular breed. Dog requires thousands of dollars in... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 27, 2020

When you say, "let's assume", it sounds like a hypothetical (such as a law school exam question), particularly since you are asking about the legal rights of both sides. If this is a real-life situation, I suggest you re-post to specify your role in this situation and to ask for... Read more »

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