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North Carolina Animal / Dog Law Questions & Answers
0 Answers | Asked in Animal / Dog Law and Landlord - Tenant for North Carolina on
Q: What am I legally allowed to do when it comes to emotional support animals when renting a single family residence?

I am a real estate investor in Charlotte, NC. I have a single family residence that I am managing and marketing myself, and it is my only property. I have pet policy that requires add'l deposit and rent for each pet. I am getting prospective tenants with emotional support animals (ESA). What... View More

0 Answers | Asked in Animal / Dog Law, Civil Litigation and Landlord - Tenant for North Carolina on
Q: Hey if I am not on the lease and have an ESA animal does the landlord have to accept it in North Carolina?

I help pay bills on the property but the lease says they would have to call and tell the rent man I came but they didn't, but the rent man knows I'm here and gave the okay for me to stay

0 Answers | Asked in Civil Litigation, Animal / Dog Law and Small Claims for North Carolina on
Q: My ex is taking me to small claims court for a puppy that was free and asked her to bring home for me because I wanted 1

Come to find out she ended up giving the guy $150 because she felt bad even though the guy was just gonna get rid of her. There were no adoption papers or written contract, so there’s no proof that she paid for the dog except for hearsay from the guy she picked her up from or a Venmo transaction... View More

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Are they allowed take all animals, including an entire farm of livestock, or just the few they they“claim”were abused.
T. Augustus Claus
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answered on Oct 2, 2023

Laws on animal confiscation due to abuse or neglect vary by jurisdiction. Generally, authorities can take animals they believe are being abused or neglected, but they must adhere to legal procedures, which often require a warrant or court order.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: I sprayed some herbacide on a shared fence & my neighbor's chickens ate it & died. Am I responsible for replacing them?
Tim Akpinar
Tim Akpinar
answered on Jul 14, 2023

A North Carolina attorney could advise best, but your question remains open for a week. As a general matter, the answer is yes. Pesticide or herbicide application in many jurisdictions requires certain safety protocols, sometimes involving a certified applicator license (depending on substance and... View More

1 Answer | Asked in Criminal Law and Animal / Dog Law for North Carolina on
Q: My dogs were stolen, a police report was made., no a rescues has them and says I have to pay to get them back

They have them over 4 hrs away .. I can't get there and don't have the money to pay

John Michael Frick
John Michael Frick
answered on Jun 23, 2023

Tell the police who has your dog and that they are holding it for ransom.

1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Personal Injury for North Carolina on
Q: Can a landlord be liable for a dog bite purely because of dog breed and no other signs of aggression?

My landlord does not restrict breeds of dogs. They do require pet owners to fill out a pet profile and the dog goes through 'screening' to ensure it is safe. But I was still bitten by a pitbull in the complex. Can I sue my landlord for allowing an aggressive breed in the community even... View More

John Michael Frick
John Michael Frick
answered on Jun 22, 2023

Probably not, and pitbulls aren't considered to be an unusually aggressive breed toward humans.

1 Answer | Asked in Real Estate Law, Criminal Law and Animal / Dog Law for North Carolina on
Q: My neighbor keeps letting his dogs poop in my yard. We have discussed this 1000 times. What can I do now?

I have video of the dogs when they come and poop in my yard.

I scoop the dog poop daily and toss it back into his yard.

John Michael Frick
John Michael Frick
answered on Apr 21, 2023

Collect the poop. Store it. Then deliver it all back to his front porch

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: I gave my dog away now I want him back, and she don't want to give him back. I didn't sign any document. Can you help?
N'kia (NLN)
N'kia (NLN)
answered on Apr 19, 2023

Giving your dog to someone else is typically considered a "gift." In North Carolina, most gifts are considered "irrevocable." (In other words, the giver can't just take back a gift once given).

An exception to this general rule is when a gift comes with...
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1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Can i shoot the neighbors dog for constantly trying to kill my two cats and get off his chain to attack us in nc?

This dog has attacked its own drug and booze laden owners. Its a threat to my daughter and all of the other kids around here. No one can outside in their own yard without it barking non stop. Ive told them to handle it or i will. My kitten got out and is now gone for good because of this dog.

N'kia (NLN)
N'kia (NLN)
answered on Apr 18, 2023

Generally, the best option in this situation is to start by contacting the appropriate government authority, such as animal control. Trying to take matters into your own hands could potentially result in civil claims and/or criminal charges. If you have questions about your specific legal rights... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for North Carolina on
Q: If my neighbors dog caused me to fall & break my leg is he liable for my injury costs?

Neighbors dog got loose attacked my dog while I was walking him at the edge of my yard and caused me to fall and break my leg in two places. In NC is my neighbor liable for my medical bills & lost wages?

N'kia (NLN)
N'kia (NLN)
answered on Apr 10, 2023

In North Carolina, the owner of a dog that injures a person could be liable for the injured party's "damages," such as medical bills. However, there are several types of law that could be at play, and each one is a bit different. For example, the general rule under North Carolina... View More

2 Answers | Asked in Animal / Dog Law and Civil Litigation for North Carolina on
Q: Can i sue someone's car insurance company if their dog jumps out of their car and attacks my dog in my yard?

Not only did it injure my dog, but I hurt my knee breaking up the attack. She has not paid the vet bill and is very hostile. I believe that is the only way I can get paid since she rents.

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

Like most US states, North Carolina does not allow you to directly sue another person’s automobile insurance company.

You would have to sue the owner of the dog.

It is also unlikely that the owner’s automobile insurance covers an attack by their pet. That type of occurrence is...
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1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Someone sold a dog to my wife through Facebook, and now wants the dog back after 1 day.

My wife has all the messages saved. Can the previous owners do this?

Ben Corcoran
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Ben Corcoran
answered on Aug 19, 2022

If she paid for the dog and it was delivered to her, then they have almost no chance of being able to force you to return the dog.

1 Answer | Asked in Animal / Dog Law and Personal Injury for North Carolina on
Q: While working was bit by a dog that pushed door open after being told dogs didn’t bite. Mental trauma, would I have case

North Carolina. No case pending. I was bitten by a dog while working Saturday in a woman’s yard, I’m a pest control technician. I didn’t require hospital attention but was bleeding and definitely still sore. I didn’t do workman’s comp because I felt at the time it wasn’t that bad. Well... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 4, 2022

You have a claim against the dog owner for negligence and strict liability. Most homeowners insurance policies nowadays do not cover animal attacks unless the insured has purchased an animal attack insurance rider. Contact a North Carolina personal injury attorney for representation to get out a... View More

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: If someone tries to take their dog back after they said they needed to give him away, legally can they take them back?

My friend was giving his dog away, he is going through a lot of emotional stuff. His home when I took the dog was disgusting. I took this dog to get his shots, checkup and have bathed this dog myself as well as going to PetSmart. He has acclimated to my home and is in training. Now this friend... View More

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Nov 26, 2020

If he gave you the dog then it’s yours. Hopefully you have text messages or something of this gift, otherwise it might be possible he could take the dog back. But he’d have to sue you in court and win and it sounds like he doesn’t really have the bandwidth to do that.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: If a person steals my dog, can the police make me pay the thief for flea dip fees they incurred while having my dog?

My nephew asked a friend to watch his dog while he looks for a new place. He has been sending money for the care of the dog. While away for a weekend the mother of the friend went into his home and took the dog. They are refusing to give it back. The dog is registered and microchipped. We have gone... View More

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

You might want to see if you can contact the chief of police to bring this situation to his/her attention. Otherwise, you’ll have to sue in replevin to get your dog back.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Neighbor shot my dog in my driveway says was threatened even has his dog and self was over 100 feet away inside fence

Is the neighbor responsible for vet bills and other ways of dealing with this horrible situation.

Ben Corcoran
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Ben Corcoran
answered on Nov 16, 2020

Depends on the local municipal code, but given the facts that you stated, yes it is likely that your neighbor would be responsible for all damage to your property (dog). I would suggest pressing criminal charges, as that is the best way to actually recover money in NC.

1 Answer | Asked in Animal / Dog Law and Personal Injury for North Carolina on
Q: If a dog breaks loose out of its owner’s house am I able to stop the dog by picking it up, pushing it, or kicking it?

My sister and I were walking my dog on the sidewalk past a house and their dog breaks through the door and runs at me and my sister. Are we able to stop the dog by physical means if it runs at us and is acting aggressive? I dont want to hurt the dog but if it stops me, my sister and dog safe I will... View More

Ben Corcoran
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Ben Corcoran
answered on Nov 7, 2020

I would have to read the municipal codes for Raleigh to know for sure, but as a general rule, you are allowed to defend yourself if you reasonably feel threatened. My strong suspicion is that you would be fine as long as you could reasonably claim you were defending yourself, sister, or your dog.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Is it legal for someone to kill a muzzled dog?

My dog got loose one day and ran at my neighbor barking. He didn't touch the guy and I got him under control quickly. My neighbor said next time it happens he will kill my dog. I now muzzle my dog any time we go outside. If he gets loose again can the neighbor legally hurt/kill him if he is... View More

Ben Corcoran
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Ben Corcoran
answered on Sep 23, 2020

Your local municipal law will likely govern what your responsibilities are regarding your animal. But frequently after a certain time animals must be kept on a leash and if the dog is on your neighbors property he may be able to shoot it claiming self defense. This claim will be hurt by the fact... View More

2 Answers | Asked in Animal / Dog Law for North Carolina on
Q: My mom is trying to sue me for custody of my dog, My name is on the adoption paper work and everything! What can I do?!

I have not neglected or harmed my dog in any way, ever! My mom wants to try to "control" me so to speak, she is willing to go to the fullest extent with this. Even if it does mean taking me to court. What legal standing does she have if she were to go through with suing me for custody?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 13, 2020

This is semantics, but you can't sue someone for "custody" of a dog, but instead she could bring a small claims court action seeking the return of personal property (the dog). It is easy to get into small claims court, so I don't see any standing defenses being an issue here.... View More

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