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Missouri Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for Missouri on
Q: I live in Dent County my neighbors have five dogs I'm deathly afraid of dogs they keep coming in my yard what can I do
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 14, 2021

273.033. Killing or injuring a dog, reasonable apprehension of imminent harm is an absolute defense. — 1. In any action for damages or a criminal prosecution against any person for killing or injuring a dog, a showing by a preponderance of the evidence that such person was in reasonable... Read more »

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: My landlord shot my Siberian husky puppy.. I seen it happen he had no valid reason for shooting her.. what can I do??
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 2, 2021

Sorry to hear that. You could sue your landlord for the value of your puppy. Unfortunately, dogs are valued as personal property in Missouri. The true damage you suffered is emotional, but don’t expect that to be compensable.

1 Answer | Asked in Animal / Dog Law and Contracts for Missouri on
Q: Can a dog breeder enforce a contract that was never mentioned before taking a monetary deposit?

My husband and I have been working with a breeder to purchase a puppy. In the beginning we were told "when he goes to his new home he will be current on vaccines and wormer, have his health check with our vet, AKC registration application, a puppy starter pack, and a genetic health... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 17, 2021

The question is “what is your contract.” In other words, did you have an oral contract under which you paid the deposit? If so, then the breeder cannot add terms thereafter. You may be able to pursue a claim for breach of contract or violation of Missouri’s Merchandising Practices Act (our... Read more »

1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Wrongful Death for Missouri on
Q: I took my dog to my vet for concerns, blood tests were taken, they informed me it was hormonal, she passed weeks later

About a month later I had to rush her to the animal hospital for kidney failure, I had to put her to sleep and it’s devastated me and my family . She was only 5, great health and had a good home and we all loved her. This happened about a month ago so I’ve been trying to get over her passing.... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 5, 2021

I'm sorry to hear about your puppy. You posted on a legal page but didn't ask a specific legal question.

If you are wanting to sue the vet, but I doubt you'll find that to be a very good option unless you paid many thousand of dollars for the puppy, our willing to spend...
Read more »

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: Who is the owner of a snake if it was gifted but original owner has receipt and wants it back after a year 8 months?

My daughters mother purchased an exotic snake valued around 1k. She wasn't allowed to keep it at her home and she asked if I would raise it for a while. After about a year she said I can have it. 8 months after that she claims she never gave it to me and she wants it back. I refused because... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 9, 2020

Yes, you have a decent shot at winning. The outcome will depend on whether the court believes that the snake was a gift. If so, you win. If not, you lose. It's a matter of credibility.

1 Answer | Asked in Adoption, Animal / Dog Law, Personal Injury and Small Claims for Missouri on
Q: A dog was hit by a random person infront of my home didn’t have chip or collar so took to vet told them we were adopting

Paid 1,000 dollars owner came forward doesn’t have proof of ownership get gave dog to owner but I can’t get my money back or the dog that I said I was adopting and didn’t ask for proof of ownership what do I do

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 2, 2020

I don't believe that you have a cognizable claim to file. Missouri recognizes the "doctrine of necessaries" as to a married couple, i.e., if the medical services patient received were necessary and patient maintained no separate assets, one spouse would be liable for the reasonable... Read more »

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: Does Missouri have a law for harming dogs in Missouri

My neighbor put glass along fence majorly hurting my dog

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 13, 2020

Animal cruelty/neglect. Call animal control.

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: How many dogs are you allowed to have in missouri. We are outside of town.
Kristen Thurmond
Kristen Thurmond answered on Apr 24, 2020

This is going to vary by city or county. As far as I know, there is no limit on the number of dogs you can own under state law. This is usually covered by local laws. However, you run the risk of being considered a breeding facility if you own enough dogs that are intact and having litters. That... Read more »

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: my dogs get lose, one is aggressive but has not bit anyone. They call it attacking. I have 2 tickets . Do I need a lawye

My dog has not physically bit anyone . My ticket say my dog has attacked people . Idk the laws about this. My dog is a good dog she has never Ben aggressive to us an I have 5 kids smallest 2 . She has broke a chain an slipped callers an the children have Ben known to let them out. I have tried to... Read more »

Kristen Thurmond
Kristen Thurmond answered on Mar 18, 2020

A dog may not be aggressive to people in its own home. A loose dog will act unpredictably. A dog does not have to bite someone to be considered an attack. More than likely, you'll want an attorney that practices in your county/city to help you understand local laws and your options.

2 Answers | Asked in Civil Litigation, Products Liability, Agricultural Law and Animal / Dog Law for Missouri on
Q: I sold a pup to an individual in FL it shipped to them after it arrived it got sick and passed. Whats my liability?

I have a 10 day no death guarantee. He received the pup on 11/25 he took to the vet 11/30 puppy passed 12/11

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 22, 2019

Sounds like it would depend on when the dog died.

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1 Answer | Asked in Animal / Dog Law for Missouri on
Q: My question is about abandonment of a dog in my care how long before I can take ownership

I have had this dog since the 5th of this month with no response from the owner since about the tenth

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

You would be wise to review the property laws in your state and/or to visit with an attorney. Do not risk being charged with theft of property for failure to turn it back over to the original owner.

1 Answer | Asked in Personal Injury and Animal / Dog Law for Missouri on
Q: My dog just died from eating berries off a lantana plant in the backyard of the home I've been renting since June. Sue?

My landlord never advised that plants on property were toxic to dogs. I accumulated about $2,500 in vet bills trying to save my dog to no avail. Can I ask my landlord to reimburse?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 7, 2019

I am sorry that your dog got poisoned, but I'm not aware of any Missouri case on point. My gut feeling is that a landlord is not under a duty to advise a tenant of plants that are toxic to animals. Here is a link to an old Missouri Court of Appeals case, Grimmeissen v. Walgreen Drug Stores,... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Missouri on
Q: If I sign a contract for a show dog, how much right does the seller have over the dog after the sale?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 4, 2019

Unless the contract states otherwise, most likely none.

1 Answer | Asked in Civil Litigation, Criminal Law, Animal / Dog Law and Civil Rights for Missouri on
Q: Can an officer give you a ticket 2 weeks after the fact when he didn't address the issue the day of?

2 weeks ago my aunt called me and told me that the cop was at her house saying my dog and some other dog were wondering town and apparently bit another dog. I told my aunt there is no way it was my dog. I then asked to talk to the officer and he told me that someone needed to come get my dog... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 5, 2019

Yes.

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: Gifted dog to gf as she wanted it for Christmas. We now have parted ways. Am I financially responsible for this dog?

The girlfriend wanted a dog for Christmas. We are no longer dating. She is expecting me to pay for half of all costs associated with the dog. Am I legally responsible for this dog?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 14, 2019

The dog is considered her personal property.

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: I live outside of city limits where no leash laws apply to dogs My dog was ran over and killed can I sue driver.

My dogs were outside playing, I live out of city limits on a large farm. I breed highly expensive dogs and I have my own kennel business. My 4 month old puppy was in the ditch playing when a speeding car came through and ran her over without stopping. I live on a 1 mile straight stretch so she had... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 14, 2019

First, I'm sorry to hear that about your puppy's fate. As to your legal situation, I don't know what you mean by stating that the driver is "trying" to sue you. Either a case has been filed (if so, you must defend it) or there has been no lawsuit. Check Casenet. If... Read more »

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: City I just moved to...and signed a year lease....has a pit bull law bannng them...I have a mixed breed and

A registered esa animal..they gave me 7 days to get rid of him. How can I avoid getting rid of my dog? Wellsville mo

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 14, 2019

Here's what the ADA website, https://www.ada.gov/regs2010/service_animal_qa.html, states:

Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?

A. No. These terms are used to describe animals that provide comfort just by...
Read more »

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: There is a dog in an abandoned house. Can I bring it food and water until animal control gets a warrant?
Kristen Thurmond
Kristen Thurmond answered on Dec 17, 2018

While this answer is a bit late, I still wanted to respond so if anyone else has a similar question they can find an answer.

Your best bet is to call an animal welfare group or animal control before entering property that is not yours, even if you believe it to be abandoned. You could be...
Read more »

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: We found a stray dog that was skin and bones. Posted it online, etc. Took to vet had scanned and all. It's been 2 weeks.

Got him fixed and chipped. Now a person claims he is hers. We live in small town and she never posted a thing til now. Do we have to return?

Kristen Thurmond
Kristen Thurmond answered on Nov 6, 2018

This is not really addressed well in the law and there is not a definitive answer for you. However, please consider that not everyone actively uses social media, the dog may have been stolen and released, or the person may have looked for the dog and given up hope. I have met numerous people who... Read more »

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: My kids found a dog that has had no food or water in days he's all skin and bones and he has sores all over him

We tried to make contact with the owner but there is never anyone there night or day are we allowed to legally take him

Kristen Thurmond
Kristen Thurmond answered on Oct 31, 2018

This is a late response, but the answer is that only police or animal control can take the dog. They are granted authority by the city, county, or state to do so. You should report severely malnourished or emaciated pets any time you see them.

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