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Florida Animal / Dog Law Questions & Answers
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... View 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... View 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... View More

1 Answer | Asked in Contracts, Real Estate Law and Animal / Dog Law for Florida on
Q: I need legal advice pertaining to a rental property that my father owns.

Tenants of only two months have a dog that is a Pitbulll mix and the park supervisor is now, after initially agreeing to having the dog at the park, demanding my father make the tenants move out of said property. The park contract states that Pitbulls are not allowed, but the park supervisor... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 22, 2020

First of all, it does not matter whether this policy is "costing you father great tenants and a good source of income."

Secondly, whatever the park supervisor said is not relevant; nor is what they said controlling because whatever they said it is not in writing. The...
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1 Answer | Asked in Animal / Dog Law for Florida on
Q: A New neighbors dog got out and ran in my home and attacked me causing me to fall hurting myself. The dog is on camera

Police were called, not helpful. Can I go to Doctor are they liable

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 18, 2020

Of course you can seek medical attention. They are probably liable; ask them to notify their insurance company.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: I rented a house with a shared yard and the owner has a 145 lb viscous dog and thinks my dog has to stay inside , legal?

It is a shared tard

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 18, 2020

I assume that the owner of the dog is your landlord. The lease should provide rules for how the yard is to be shared and, assuming the lease allows dogs, how sharing is to work with dogs. If it doesn't, and the dogs can't get along, you may have grounds to break the lease.

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Florida on
Q: A dog breeder falsified registration information and sold us 2 dogs with made up lineage

Both dogs have had medical issues and surgeries because of genetic defects. According to our Vet, because of the breeding. We found out about the breeder through her website (facebook) where there were several postings from other owners having issues and her falsifying information in regards to... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 15, 2020

The issue is whether the breeder committed fraud and/or breached the contract. Genetic defects, alone, do not provide a ground for suit. Many purebreds have genetic defects, hence it's better to adopt a mutt. Falsified info, if justifiably relied on to your detriment, may constitute... View More

1 Answer | Asked in Animal / Dog Law for Florida on
Q: I've had my cat for 16 years and have not kept up with his license. I need to bring him to the vet. Will I be fined?

I have had my cat for 16 years. He's an indoor cat and only ventures out to the screened in porch on occasion but never goes outside the porch and does not come into contact with other cats or other animals. Well, maybe the occasional lizard or spider. He's been very healthy this entire... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 9, 2020

The vet may or may not report you. The licensing law is probably specific to your local area; why not bring him to a vet outside of that area?

1 Answer | Asked in Animal / Dog Law for Florida on
Q: My in-laws weren’t paying attention to our dog while sitting and now theirs is pregnant

My husband was just told today our dog might be a dad. This happened under the supervision of my in-laws. (Our dog is a purebred and theirs is not) what can I do to ensure responsibility so they aren’t taking advantage of their dogs pregnancy? I already know the pups or Mom won’t have proper... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 6, 2020

No, animals such as your dog don't have rights. If you feel they are mistreating the resulting pups or other animals, you report them then.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: I was told from the County Animal Control that because a dog attacked and bit me and my dog at a park nobody is liable?

I was walking into the dog park, but there's 2 gates and the first gate goes into a boxed area that you unleash your dog. I was told by the dog owner that he wanted to pick up his small dog before we proceeded into the dog park. I let him pick up the dog and when I opened the second gate... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 27, 2020

Yes, you have a case against the dog owner for strict liability and negligence. Discuss your case with counsel here in Florida about contingency fee representation, which means you don’t pay anything unless you win. Hopefully, you can find out the identity of this dog owner. If not, a private... View More

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Son was arrested three weeks ago, may or may not make bond. I have his dog but do not want to keep it. What to do?

Son arrested for drug charges. Family have decided not to bond him out as this is third arrest w past prison time. I took his dog but live in townhouse w my own pet. Do not want to keep her. Not sure when or if son will bond out in next few weeks. He is not very responsible w the dog but it is... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 26, 2020

Before you give the dog away, get something from him, in writing, to the effect that he is giving the dog to you.

1 Answer | Asked in Agricultural Law and Animal / Dog Law for Florida on
Q: How do I create and file intent to lien a horse who has been abandoned by owner and/or board hasn’t been paid ?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 26, 2020

In order to claim a possessory lien on the horse, a security interest in the horse would need to have been created in the boarding contract. The only other way to get the horse would be to sue the owner, get a judgment, levy upon the horse, and then buy it at the execution sale.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: How do I place and record a lien for Unpaid horse room and board on my property? What do I do?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 26, 2020

Why do you think it would do any good to record a lien on your own property?

1 Answer | Asked in Animal / Dog Law and Civil Rights for Florida on
Q: Me and my emotional support animal was deined housing

Me and my emotional support animal has been deined housing. i have emails to show they asked me to fill out pet forms and then deined me after I would not fill them out. When someone has an emotional support animal or a service dog by law no one can make u fill out a pet form. Why because service... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 24, 2020

One of your first mistakes was refusing to fill out the pet form. I don't know what questions were on that form, but I believe you were probably incorrectly claiming that it was against the law for them to ask you to fill it out. If you claim that the animal is an "emotional support... View More

1 Answer | Asked in Animal / Dog Law for Florida on
Q: If a female dog owner and a male dog owner had a verbal agreement and the female dog owner broke the agreement.

can we take legal action on this matter because no one signed any contracts but we do have picture proof that they agreed on the matter

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 12, 2020

Perhaps, but you didn't say what the agreement provided for. And, I don't know if it matters, but by "female dog owner", do you mean that the owner was female or the dog was female. Ditto re: the "male dog owner".

1 Answer | Asked in Animal / Dog Law for Florida on
Q: If somone continues to touch my dog without my permission and I ask them not to what would you recommend I do?

A man at the dog park who I don't know and don't believe is completely there has been harassing other peoples dogs. He continues to touch peoples dogs without their permission and will chase after them. More than one person has asked him to stop is there anything we can do? Call the cops?... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 12, 2020

Don't take the dog there anymore.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: If somone grabs my dog to pet him at the dog park and I have asked them not too but they continue can I press charges?

My dog enjoys going to the dog park and will run to other dogs to play. There have been a few instances were somone will go out of their way to grab my dog to pet him. I usually ask them not to and they stop however their is one individual who I have asked numerous times to keep his hands of my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 11, 2020

No, you can't "press charges". It's not a crime to touch someone else's dog.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Let say I was breeding dogs and they died from something i couldn't control . can the other partner sue??
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2020

Your question is unclear. Do you mean that you are in a business partnership and that the partnership is in the dog-breeding business? If so, why would your partner want to sue you?

1 Answer | Asked in Animal / Dog Law for Florida on
Q: What is the best verbiage on a sign that will be posted on my property, warning people I have a protective dog?

I heard certain verbiage can hold dog owner liable if the dog bites someone; while other verbiage releases dog owner from liability. Please provide clarity of this issue. Thank you very much.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 25, 2020

The wording on such a sign would not "release[ you] from liability", but it might be evidence that the injured person had assumed the risk of being injured by your dog. It's difficult to imagine how or why you would post a sign which would "hold [you] liable"; perhaps... View More

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
PREMIUM
Kristina M. Bergsten
answered on Jul 23, 2020

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

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