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Questions Answered by Kristina M. Bergsten
1 Answer | Asked in Animal / Dog Law for Arkansas on
Q: If my dog is killed by a dog I am dog sitting does the dog owner have any liability for vet bills

Owner assured dog was safe around other dogs and offered by text to help with vet bills but now cannot be reached.

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 16, 2020

Yes. Looks like you’ll have to sue or pursue criminal charges.

1 Answer | Asked in Animal / Dog Law for Illinois on
Q: Is it legal for a dog shelter to perform extra surgeries other then what the dog was taken there for without asking?

My dog went in to get fixed and they cut off his "thumbs" I call them on his back foot without asking me. Now he has to wear bandages and I have to take him back so they can inspect his wounds. I was not told about this nor was I expecting it.

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 15, 2020

No, that is not legal. That sounds like animal abuse/cruelty and/or veterinary malpractice. I can not think of a single medical reason to remove a part of a dog's podal anatomy (foot anatomy).

1 Answer | Asked in Animal / Dog Law for New Jersey on
Q: We've been watching a friend's dog for 8 and half months. Can we legally keep him if he wants him back?

It took him 3 or 4 months to even ask about the dog. He's neglectful towards the dog. He doesn't like to walk him. And for as long as we've had him giving him back would probably kill the dog.

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 15, 2020

Unfortunately, unless this person gave you the dog, he still has ownership rights, even if he is a crappy owner. If you suspect the owner neglects or abuses the dog, you could always call animal control. Otherwise, your only option to keep the dog is to offer to buy the dog from him. If he agrees,... View More

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Is it legal to shoot someones livestock for destroying a garden?

An officer told my neighbors to shoot my calf, sheep and goat that got out of their pen and into my neighbor's vegetable garden. This has happened just the one time.

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 15, 2020

This is a tough question. A person can shoot a dog for attacking his livestock. A person can shoot a wild animal for eating his crops. I've never encountered this particular situation before. I would argue that shooting your livestock for eating from a personal vegetable garden is not legal... View More

2 Answers | Asked in Animal / Dog Law for Minnesota on
Q: Can he shoot our dog if he lured him over

We live out in the country and out neighbors will sit outside and and make noises to our dog to go over and today we heard a gunshot and He called and said he shot at our dog after he lured him over can he do that?

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 14, 2020

No, that would be animal cruelty/abuse. But, keep your dog fenced in or tethered whenever he's outside to make sure he stays safe since your neighbor is crazy. Report this to animal control or your local law enforcement.

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1 Answer | Asked in Animal / Dog Law for New York on
Q: How can I get my dog back? :(

Me and my husband were homeless a year and a half ago and in the process of going to a shelter. We asked my husbands aunt to keep an eye on our dog until we got back on our feet. She agreed. And then she gave our dog away without informing us. She didn’t inform us until we showed up there and my... View More

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 14, 2020

You can possibly sue this person in replevin. I would talk to an animal attorney in NY, though, because in CO, once the dog is given to a good faith third party purchaser, the law protects that person and it is almost impossible to get the dog back.

1 Answer | Asked in Animal / Dog Law for Virginia on
Q: He wants to take my dogs. Can he??

My bf of 11 years and I are about to break up due to issues. He is not able to take care of these dogs. He works to much and they will be kept in a crate or in a house for 13 to 14 hours a day. Legally I am the owner, the vet records and they are registered to me. He paid for them though. Can he... View More

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 14, 2020

No. If your name is on their purchase/adoption paperwork plus all the other paperwork, he does not have any rights to them, regardless of his relationship with/to the dogs and/or any financial contribution. Dogs are property under the law, so they are like a couch or a car. If he continues to... View More

2 Answers | Asked in Animal / Dog Law for New York on
Q: A friend that live in NY got served with a city complaint about her dog. Does she needs a lawyer to go to the hearing?

A lady who filed it accused my friend of having her dog threatened her while walking pass my friend’s property with no fence. The dog is friendly and well behave. She also does not remember interacting with the accuser or anyone. So we are not sure here if we need a lawyer

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 14, 2020

I would highly recommend she get a lawyer when going to court. The consequences to your friend and her dog could be serious, so it's always best to speak to a lawyer to go over defenses and consequences prior to going to court.

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2 Answers | Asked in Animal / Dog Law for Kentucky on
Q: have 2 dogs a got from a breeder. One was free he just wanted to get rid of her. There was no contract.

I have another male dog i bought. He says I never paid in full for him. There was no contract with him. Now he is saying he is going to take me to court and take both dogs. Can he do that.

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 14, 2020

Yes, he can do that. I would recommend talking to a civil litigation or contracts attorney to go over your options and defenses.

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1 Answer | Asked in Animal / Dog Law for Arkansas on
Q: For ESA dogs in Arkansas, Can you have 2 ESA dogs & have same rights in apt rental as you do w/just 1?
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 13, 2020

Generally, yes. But you would need to be able to show that the needs for two ESAs is for two separate purposes.

2 Answers | Asked in Animal / Dog Law for Florida on
Q: My boyfriend and I were given a dog by a family who could no longer care for it. After about 8 months of having the dog,

we broke up. I took the dog when I left our apartment because I didn't feel that he would care for the dog properly (he often left for 2 or three days at a time to go drinking with his buddies - hence the reason we broke up). I left the state for a couple months and stayed with my parents... View More

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

If you're not living with him, he can't abuse you any more. If he shows up on your property or space, call the police immediately and do not let him enter! If you're afraid the dog will be abused in his possession, keep the dog and stay away from this guy. You can block his... View More

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1 Answer | Asked in Adoption and Animal / Dog Law for California on
Q: Vet adopted out my service dog without my consent or knowledge. How do I get her back?

Abracadabra aka Abby is my whole world, my furbaby, my Service Dog! I left her with a friend (sitter) for a few hours and in that time she got out and was part of a hit and run. I took her to the vet, told them she is my world, gave them 2 email addresses since I had just lost my phone and said I... View More

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

There's not enough information here, but if the vet thought you abandoned your dog, they can give your dog to a shelter.

1 Answer | Asked in Animal / Dog Law, Civil Rights, Constitutional Law and Small Claims for Illinois on
Q: You My dog and her two puppys were taken from there home when someone broke into my house and let them out .

You

My dog and her two puppys were taken from there home when someone broke into my house and let them out . Animal control kept them for 2 months with my only option being to wait for court and the judges decision... court finslly came and i asked the judge and the ASA told the judge i was... View More

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

You will have to sue Animal Control for violating your civil rights. Talk to a civil rights attorney in your area.

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
PREMIUM
Kristina M. Bergsten
answered on Jul 13, 2020

Animal cruelty/neglect. Call animal control.

1 Answer | Asked in Animal / Dog Law for Wisconsin on
Q: I left my dog 4 a week w/a dog sitting .. He got rid of my dog while i was gone w/o my concent..what can i do
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 10, 2020

You will have to sue the dog sitter. But it is unlikely you will get your dog back. Your recovery will probably only be the value of your dog.

1 Answer | Asked in Consumer Law and Animal / Dog Law for Maryland on
Q: My neighbor has one female German Shepherd. They consistently breed her sell the puppies and then breed her again.
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 10, 2020

If you think it is animal cruelty, you can call animal control in your area. Or, most jurisdictions require a breeder permit or license to operate legally. You can also call animal control for that information to report this person, if you suspect the breeding in illegal. Otherwise, animals are... View More

1 Answer | Asked in Animal / Dog Law for Utah on
Q: my girlfreinds mom gave her a dog for her 18th birthday and is kicking us out of the house and is saying that its hers

If it was given as a gift it's to my understanding that you cannot just take it back because of a disagreement

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 10, 2020

Your understanding is correct: a gift given and complete is given forever, unless there were conditions attached to the gift. For example, I will give you this puppy if you apply to at least three colleges.

1 Answer | Asked in Animal / Dog Law for New York on
Q: can I have my two dogs back after been adopted a year ago with not my consent?

I had them when they was puppy. They almost 9 years old. I’m nothing with out them

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 10, 2020

No, unfortunately, that is not going to be likely.

1 Answer | Asked in Animal / Dog Law for Alabama on
Q: My dog has gotten my dad's deceased girlfriend's dog pregnant again. Do I get custody of the puppies by default?

So last month my dad's girlfriend passed away. However my dog and her dog are mates and are about to have another litter of puppies. The girlfriend's two children were left her belongings and her stepbrother is the executor of the will. Legally am I entitled to the litter even though my... View More

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 10, 2020

Generally, in breeding contract situations where all breeders are actively involved, siring the puppies would give you an ownership interest if that was contracted for. Usually, though, a "stud fee" is paid for the male dog's "performance" so to speak. It sounds like this... View More

1 Answer | Asked in Animal / Dog Law for Florida on
Q: My husband and I were given 3 dogs over the years from a rescue person that was a personal friend. We never signed paper

nor exchanged money. We were given another dog in January that she is now threatening to take back because she and I had differing opinions on Facebook. The dog was given to us at local store that is owned by A

couple who also works with rescues. A picture was taken of the woman from the... View More

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 9, 2020

It sounds like the dog is legally yours, whether you paid money, signed a contract, or not, or were given the dog as a gift. Verbal contracts of donative intent or verbal contracts conveying ownership are just as enforceable as written contracts.

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