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Animal / Dog Law Questions & Answers
Q: Is it considered theft if someone finds a lost dog and doesn't follow protocol to find the owner of the dog?
William John Light's answer
Report him to the police. They will determine if there is evidence of theft, or of selling stolen property. Sue him for the value of the dog in Small Claims Court and for an order to disclose the identity of the person to whom the dog was sold. He was required by statute to notify the owner within a reasonable time and apparently did not take any action to do so.
Civil Code § 2080. Duties of finder Any person who finds a thing lost is not bound to take charge of it, unless the...
Report him to the police. They will determine if there is evidence of theft, or of selling stolen property. Sue him for the value of the dog in Small Claims Court and for an order to disclose the identity of the person to whom the dog was sold. He was required by statute to notify the owner within a reasonable time and apparently did not take any action to do so.
Civil Code § 2080. Duties of finder Any person who finds a thing lost is not bound to take charge of it, unless the...
Q: Stolen pet returned home on own. Who has custody?
T. J. Jesky's answer
Sounds that you actually answered your own question. If the pet was stolen, the people who stole the pet did not have legal custody of the pet. It was a stolen pet, owned by your family. You family is rightful owner of the pet, and your family has custody of the pet. If you haven 't done so already, you should place an identifying tags on the dog.
Sounds that you actually answered your own question. If the pet was stolen, the people who stole the pet did not have legal custody of the pet. It was a stolen pet, owned by your family. You family is rightful owner of the pet, and your family has custody of the pet. If you haven 't done so already, you should place an identifying tags on the dog.
Q: My mom has dogs and they peed on my game systems and it fried them I was wanting to know if I could press charges on her
T. J. Jesky's answer
First, you cannot "press charges," only the local prosecutor can "press charges." You do have a civil case of "conversion" against the dogs. However, that is not going to help you very much. There is no question that you are upset; however, you have few legal options. The legal costs to pursue this matter far out-weigh the cost of game system. Let me suggest you work this out with your mother.
First, you cannot "press charges," only the local prosecutor can "press charges." You do have a civil case of "conversion" against the dogs. However, that is not going to help you very much. There is no question that you are upset; however, you have few legal options. The legal costs to pursue this matter far out-weigh the cost of game system. Let me suggest you work this out with your mother.
Q: Friend gave me a pup from her dogs litter and now wants him back and is claiming I Stole the pup. What do I do?
Kristen Thurmond's answer
If you feel there is abuse or neglect, please call animal control to investigate. For the remainder of your question, that is going to be very fact specific based on what you and your friend have said to each other and what agreement you had. You would need to schedule a consultation with an attorney to figure out the best course of action for you.
If you feel there is abuse or neglect, please call animal control to investigate. For the remainder of your question, that is going to be very fact specific based on what you and your friend have said to each other and what agreement you had. You would need to schedule a consultation with an attorney to figure out the best course of action for you.
Q: Someone asked me to watch their dog and hasn't paid for anything and wont come pick the dog up. Can I take it to thepoun
Terrence H Thorgaard's answer
Sure, you can leave the dog at the shelter or pound. By "fine them" do you mean sue them for your costs? Sure, but whether it would be worth the bother and expense is for you to decide.
Sure, you can leave the dog at the shelter or pound. By "fine them" do you mean sue them for your costs? Sure, but whether it would be worth the bother and expense is for you to decide.
Q: Please help!! My dog may have been abandoned by the family that adopted her from me. Can I sue them for that?
William John Light's answer
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...
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...
Q: my dog got out in the yard and push this old lady( no Bite) overwhelmed paramedics came and check if she got hurt turn
William John Light's answer
You were negligent in the care of your dog. It was outside, off leash. You are likely responsible for all of the harm caused by your negligence. Notify your homeowners insurance. It will defend you and pay any sums for which you are liable, up to your policy limits.
You were negligent in the care of your dog. It was outside, off leash. You are likely responsible for all of the harm caused by your negligence. Notify your homeowners insurance. It will defend you and pay any sums for which you are liable, up to your policy limits.
Q: Someone trying to take dog back
Timothy Denison's answer
Switch veterinarians. Vet records don’t resolve disputed ownership and the new vet won’t know about the disputed. You have the dog and possession is 9/10 of the law.
Switch veterinarians. Vet records don’t resolve disputed ownership and the new vet won’t know about the disputed. You have the dog and possession is 9/10 of the law.
Q: Am I suppose to pay my neighbor for the surgery bill of my dog who’d been missing for a year & she knew it was mine?
William John Light's answer
I don't think you will be liable for vet bills because your neighbor does not appear to have had lawful possession.
Civil Code section 3051.
Every person who, while lawfully in possession of an article of personal property, renders any service to the owner thereof, by labor or skill, employed for the protection, improvement, safekeeping, or carriage thereof, has a special lien thereon, dependent on possession, for the compensation, if any, which is due to him from the owner for...
I don't think you will be liable for vet bills because your neighbor does not appear to have had lawful possession.
Civil Code section 3051.
Every person who, while lawfully in possession of an article of personal property, renders any service to the owner thereof, by labor or skill, employed for the protection, improvement, safekeeping, or carriage thereof, has a special lien thereon, dependent on possession, for the compensation, if any, which is due to him from the owner for...
Q: A dog was running across the street without its leash and got ran over by my back tire.
William John Light's answer
If you saw the dog or had time to brake, were distracted, speeding, etc., you might have some liability. The mere fact of running over a dog does not make you liable. You have to have some fault.
Regardless of your fault, if any, the owner of the dog should be assessed at least 50% and maybe 100% for violation of leash laws and failure to control her dog.
Tender the claim to your insurer and let it handle the matter. It will assert all appropriate defenses on your behalf and...
If you saw the dog or had time to brake, were distracted, speeding, etc., you might have some liability. The mere fact of running over a dog does not make you liable. You have to have some fault.
Regardless of your fault, if any, the owner of the dog should be assessed at least 50% and maybe 100% for violation of leash laws and failure to control her dog.
Tender the claim to your insurer and let it handle the matter. It will assert all appropriate defenses on your behalf and...
Q: If a person purchases an item in "good faith" & later finds out the item was reported stolen,can they now keep it?
Mr. H. Michael Steinberg's answer
No they cannot keep the property if it has been stolen even if it was purchased in good faith. They become another victim of the crime and are entitled to compensation called restitution. But unless the owner agrees to relinquish the dog in this case - it must be returned. H
No they cannot keep the property if it has been stolen even if it was purchased in good faith. They become another victim of the crime and are entitled to compensation called restitution. But unless the owner agrees to relinquish the dog in this case - it must be returned. H
Q: I've owned my ex girlfriends dog for 5 months. She wants him back now that I have a new girlfriend. What can I do?
1 Answer
| Asked
in
Consumer Law, Contracts, Divorce and Animal / Dog Law
for
Michigan
on
Answered on Sep 18, 2018
Answered on Sep 18, 2018
Trent Harris' answer
I guess it depends on why you were allowed to keep the dog after you broke up with ex-girlfriend. Did she tell you you could have the dog? Or was the dog with you temporarily, with an understanding that she could have it back? You said you’ve “owned” the dog for 5 months, which implies ex-girlfriend no longer owns it. If she gave it to you to keep as yours, you can do with it what you wish.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your...
I guess it depends on why you were allowed to keep the dog after you broke up with ex-girlfriend. Did she tell you you could have the dog? Or was the dog with you temporarily, with an understanding that she could have it back? You said you’ve “owned” the dog for 5 months, which implies ex-girlfriend no longer owns it. If she gave it to you to keep as yours, you can do with it what you wish.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your...
Q: Is leaving a dog outside 24/7 illegal?
Thomas A. Grossman's answer
What your boyfriend's mother is doing is not illegal, but it sure is inhumane. If your boyfriend can't convince his mother to clean up the mess and provide some shade and regular food and water, get a new boyfriend.
What your boyfriend's mother is doing is not illegal, but it sure is inhumane. If your boyfriend can't convince his mother to clean up the mess and provide some shade and regular food and water, get a new boyfriend.
Q: Can officers shoot my dog during an eviction
William John Light's answer
Yes, it's legal. The officer was warned that your dog was aggressive. Your dog tried to bite the offer and, in fact, bit his pants. Your dog demonstrated that he was a threat to the officer's safety, even though you had restrained him at that moment. There was no guarantee that your restraint was permanent and that the threat would not reappear. The officer doesn't have to wait until he is being mauled.
Yes, it's legal. The officer was warned that your dog was aggressive. Your dog tried to bite the offer and, in fact, bit his pants. Your dog demonstrated that he was a threat to the officer's safety, even though you had restrained him at that moment. There was no guarantee that your restraint was permanent and that the threat would not reappear. The officer doesn't have to wait until he is being mauled.
Q: Can I see my landlord for not accepting my Emotional Support Animal?
1 Answer
| Asked
in
Animal / Dog Law and Landlord - Tenant
for
North Dakota
on
Answered on Sep 16, 2018
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
you can sue, but that doesn't mean you'll win.
To give a more practical answer, talk to attorneys who specialize in disability and/or landlord/tenant issues. If no one is willing to take your case on contingency, you'll probably lose
you can sue, but that doesn't mean you'll win.
To give a more practical answer, talk to attorneys who specialize in disability and/or landlord/tenant issues. If no one is willing to take your case on contingency, you'll probably lose
Q: I have a dog and I hardley leave him alone. Sometime I leave for the night but no more then 8 hours he is feed and not a
3 Answers
| Asked
in
Animal / Dog Law, Civil Rights and Domestic Violence
for
California
on
Answered on Sep 16, 2018
Answered on Sep 16, 2018
Dale S. Gribow's answer
need more info to understand the facts.
is this a roommate who threatened to call or a neighbor.
anyone can complain about anything.
need more info to understand the facts.
is this a roommate who threatened to call or a neighbor.
anyone can complain about anything.
Q: can someone take my cats when I'm out of town and abandon them at a trash dump?
Ellen Cronin Badeaux's answer
You can't leave your pets in someone else's home if they don't want them there. You need to come home immediately and take the 6 felines to the Humane Society since you currently can't care for them. By law you can only have 5 cats in a home. Cats need to be neutered and given shots annually.
You can't leave your pets in someone else's home if they don't want them there. You need to come home immediately and take the 6 felines to the Humane Society since you currently can't care for them. By law you can only have 5 cats in a home. Cats need to be neutered and given shots annually.
Q: Can someone give my 2 adult cats and four kittens away when I'm out of state? They have food, water, etc
Ellen Cronin Badeaux's answer
Yes someone can take them to the Humane Society for neglect. Cats need fresh water and food DAILY not weekly. They also need their litter cleaned/changed weekly and shots annually.
Yes someone can take them to the Humane Society for neglect. Cats need fresh water and food DAILY not weekly. They also need their litter cleaned/changed weekly and shots annually.
Q: I am currently leasing in Florida. I have PTSD & I'm on a wait list for a service dog. Can my lease be terminated?
1 Answer
| Asked
in
Real Estate Law, Animal / Dog Law, Civil Rights and Landlord - Tenant
for
Florida
on
Answered on Sep 13, 2018
Answered on Sep 13, 2018
Jonathan A. Klurfeld's answer
A service animal is not a pet by definition, so you cannot be evicted for getting a service animal. But you are correct, they can simply not renew you in Feb 2019; so simply don't say anything as you could be done with that lease too before 18 months hits and it a non-issue,
A service animal is not a pet by definition, so you cannot be evicted for getting a service animal. But you are correct, they can simply not renew you in Feb 2019; so simply don't say anything as you could be done with that lease too before 18 months hits and it a non-issue,
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