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Questions Answered by Kristina M. Bergsten
1 Answer | Asked in Animal / Dog Law for Indiana on
Q: Can I shoot my dog on my own land if it has attacked me several times in the past month? Causing stitches and is 160

Pounds and cannot he close enough to be uthinizex

Kristina M. Bergsten
Kristina M. Bergsten answered on Aug 5, 2020

Call animal control or a local shelter to have them remove the dog. They can handle that sort of call and treat your dog humanely.

1 Answer | Asked in Animal / Dog Law for Georgia on
Q: What laws contain dogs killing a goat but not being a violent dog?

My dog killed the neighbors goat. She’s not aggressive towards people or other animals.

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 28, 2020

I don't really understand the question. Killing a goat is a destruction of property issue, so that may or may not be criminal. Whereas issues of vicious/aggressive/dangerous dogs are criminal. You might just be civilly liable for the value of the goat. Although, in some jurisdictions,... Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: My ex and I adopted a dog, I am on the adoption papers but she paid for it. I am able to obtain my dog back legally?
Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 27, 2020

Yes, whoever's name is on the adoption/purchase paperwork is the legal owner of the dog.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: In Raleigh, NC, can I gift someone a 6 month old puppy that was originally gifted to me when it was 7 weeks old?

The puppy is up to date on vaccinations, rabies shot, and heartworm and ticks meds. It is a mixed breed, but I am not sure of the exact mix and the vet could not tell me. I highly believe he is mixed with American pit bull.

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

There's no reason why you can't give a dog away to another good home. If there are restrictions on breeds where the person who is going to accept the dog lives, that would be their responsibility/liability. But, because the dog ends up being the victim in those sorts of situations, it... Read more »

1 Answer | Asked in Animal / Dog Law for Virginia on
Q: Good afternoon, While ago my wife and I purchases two puppies for 3,800, after 10 days one of them died.
Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 24, 2020

Probably had Parvo or distemper. You should take the other dog to the vet immediately to make sure it isn’t sick, too. You might be able to sue the seller, but there’s a lot more information needed to say whether or not you can file a lawsuit.

1 Answer | Asked in Animal / Dog Law for Washington on
Q: Can I own an opossum as a pet?

I know I'm not allowed to have 'wild' pets or release a wild opossum except for where it was trapped, but if I were to obtain a domesticated opossum (ie: one bred and raised in captivity by a breeder), would I be allowed to keep it? Would there be regulations for obtaining a... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 24, 2020

Generally, most municipalities prohibit the ownership of wild animals regardless of whether it was allegedly bred for domestic use or not. So you should check your local rules because if you’re caught, the opossum will be taken from you and released into the wild, which could be cruel if it’s... Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My dog was taken by a rescue and I they don’t want to update me on him or give him back. I’ve tried contacting them...

Several times yet no answer. I want my dog back and I am literally miserable without him. I want to press charges and or sue the rescue for not giving him back even though he is mine! Can I do that?

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 24, 2020

It depends on the laws of your state and how/why they got got possession of him in the first place. More facts are needed to answer this question properly.

1 Answer | Asked in Animal / Dog Law for Tennessee on
Q: Am I liable for a neighbors cat being attacked in my yard?

My mother and my dog were just sitting relaxing on the back deck when a cat walked up the stairs of my deck. The cat tryed to get some food like it always does and the dog whent up to it casually to sniff it and the cat scratched the dog on its nose. Thats when the dog chased the cat into the... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 23, 2020

I think I already answered this question here, or on another forum, but either way, without knowing what her evidence is, it's impossible to say whether you'll be liable or not. In a criminal court, the prosecutor has to prove beyond a reasonable doubt that your dog caused the cat's... Read more »

2 Answers | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: Will I have a case against a dog trainer if her method has caused physical and emotional injuries?

My girlfriend & I hired a trainer (P) from Thumbtack because our dog was showing signs of aggression. Our dog would bark at strangers & other dogs; he had snapped at my girlfriend a few times but had never caused any injuries.

We hired P, and she told us it will get better but... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 23, 2020

I realize the irony of what I'm about to say, but I'm going to say it, anyway: don't take advice from people on the internet - especially if they're not professionals.

That said, it's unclear from what you wrote whether liability can be imposed on the trainer. More...
Read more »

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2 Answers | Asked in Animal / Dog Law for Louisiana on
Q: If the previous owner left her dog with me for over 4 months without compensating for food and care, am I the new owner?

I have taken care of this dog since the end of February 2020 without anyone’s help including the previous owner and I wish to keep her. The proofs owner has asked us if we wish to keep her back in April but now at the end of July she wants to take her back. I’m wondering if the dog is legally... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 23, 2020

Probably not. You didn't say whether or not you accepted her offer of the dog back in April. If you didn't accept or didn't answer, then the dog is not yours and still belongs to the original owner.

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1 Answer | Asked in Animal / Dog Law for Tennessee on
Q: My neighbor is saying I'm responsible for a $1200 vet bill because her cat was bit by my dog. The cat was on my propert

My mother and my dog were just sitting relaxing on the back deck when a cat walked up the stairs of my deck. The cat tryed to get some food like it always does and the dog whent up to it casually to sniff it and the cat scratched the dog on its nose. Thats when the dog chased the cat into the... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 23, 2020

If this is a criminal case, the prosecutor has to prove beyond a reasonable doubt that your dog caused the cat‘a injuries in order for you to be liable. If this is a civil case, the other party has to prove by a preponderance of the evidence (think: 51%) that your dog caused the cats injuries.... Read more »

1 Answer | Asked in Animal / Dog Law for Virginia on
Q: Hi, My dads dog chased a horse. The horse ran through a fence and died. The dog in no way attacked or bit the horse

What is my dads liability or how much does he have to pay the owner of the horse.

This happened in Catlett, Virginia

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 23, 2020

It kind of depends on how much of the horse running through the fence can be attributed to your dad’s dog. And legally, he would only have to pay if the horse owners sued him and won; this isn’t a criminal matter.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Can I sue an officer for entering my property uninvited and shooting my dog?

They were warned we had dogs too

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 23, 2020

Yes. Talk to a civil rights attorney in your area.

1 Answer | Asked in Animal / Dog Law for Rhode Island on
Q: New neighbor leaves one of their two dogs out barking for hours at a time in rural Richmond. What are my rights?
Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 23, 2020

You can call animal control or whoever handles animal matters in your area.

1 Answer | Asked in Adoption and Animal / Dog Law for Georgia on
Q: My ex husband stole my dogs out of spite and gave them to an animal shelter and they already adopted them out before

I had the chance to reclaim them do they legally have to give me my dogs back or give me the names of the people who adopted them

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 22, 2020

I’m sorry for your loss! That is absolutely abhorrent what your ex did.

In Colorado, once a shelter has a dog for 5 days and the dog goes unclaimed during that period, the shelter legally owns the dog. That’s set out my Colorado regulation. You might want to check if that is also the...
Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: I sold my dog then the lady said come get her it's not a good fit now the lady wants money

She said i could have her back free now She wants money the lady said she didn't want her I had a mental break down made a terrible mistake I want my dog back is this even legal she clearly said well since I wanted her back I would have to pay her a bribe $200

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 21, 2020

I don’t understand the question. If you made a mistake, and you want the dog back, then just pay her $200. If she isn’t going to love or care for the dog, or worse, give the dog to a shelter or someone who will abuse it, it would be better for you to take it back.

1 Answer | Asked in Animal / Dog Law for New York on
Q: Purchased puppy from a breeder. Puppy needed surgery for harmful congenital condition not listed in contract.

Breeder insisted the dog was fine, but 2 Veternarian's both had the same diagnosis. Is the breeder liable to pay? I kept the puppy and it had surgery. It states that under NYS law, a "dealer" is held to the Pet Lemon Law, which states that reimbursement is an option for the... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 21, 2020

If the particular congenital defect was not disclosed but was discoverable, it sounds like it would fall under the Lemon Law.

1 Answer | Asked in Animal / Dog Law for Georgia on
Q: My dog (on leash) bit my neighbors cat (roaming unsupervised) - should I get a lawyer to protect my dog? State of GA

Incident happened in the common area of my condominium complex. Same thing happened two years ago but she continues to let the cat out to roam freely. I want to make sure nothing happens to my dog as he's never been aggressive towards humans or other dogs. Additionally, my wife and I are very... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 21, 2020

It's unlikely she would pursue anything because the cat was unsupervised and, generally speaking, the law could care less about cats, unfortunately (or fortunately, depending on how you look at it...). It's unlikely animal control or law enforcement would press charges against you. That... Read more »

1 Answer | Asked in Animal / Dog Law for Illinois on
Q: A man gave his dog to my dog rescue after stating he could no longer care for it. Now he wants him back. Help!

The older man has let this dog run amuck on his unfenced property and on one occasion the dog came back after being shot. The dog is not neutered or microchipped. The man lives alone and has a bad knee injury and can barely walk or drive. He gave me all the paperwork on the dog. I planed to do... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 21, 2020

If he gave you the dog, then the dog is yours and he legally can't get it back unless you agree to give the dog back.

1 Answer | Asked in Animal / Dog Law for Michigan on
Q: My roommate left his dog at my house and isn’t coming to get it can I get the dog removed
Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 20, 2020

If it’s your roommate, doesn’t he live there? Won’t he eventually come back? You can’t just give his dog to the shelter because that would constitute theft or civil theft and/or subject you to a lawsuit.

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