Vacaville, CA asked in Animal / Dog Law for California

Q: Please help!! My dog may have been abandoned by the family that adopted her from me. Can I sue them for that?

My 7 y/o dog Sam has aggression towards my toddlers, so we found a new home for her without toddlers. The new family that adopted her was well aware of all of her behavioral issues and I have texts to prove it. They adopted her for free last November. I got a call from animal control 3 weeks ago (August) saying Sam was found on a farm road/field approx 2 cities away from where the family lived (they live on an Air Force base), and she had no collar. Turns out they never changed her microchip info so I picked her up ASAP. Animal control told me that bc there was no collar and bc she was so far away from base, it looked like abandonment. Took her to the vet, they found a yeast bacterial infection, months overdue on Rabies, and she wouldn’t drink any water for days. Her aggression has worsened, so she’s now on anxiety meds but now fights with my other dog. I have texts to prove I told the family to contact me if it didn’t work out with her. Can I sue them for abandonment or medical bills?

Related Topics:
1 Lawyer Answer
William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: You can report them to law enforcement for animal cruelty. I don't know how that would be proven since they could argue that the dog simply ran away versus being abandoned.

Refusal to drink water doesn't make any sense unless she has a mouth injury, urinary tract infection or rabies. I wouldn't keep the dog in my home until she was cleared.

As for a lawsuit, if you had a contract for them to take in the dog but return it to you in the event that the dog was not appropriate for that environment, and they breached the contract by abandoning the dog, you could theoretically sue in Small Claims for the veterinary bills. You still have the problem of proving abandonment versus simply running away, though. If the dog ran away, they didn't breach the contract.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.