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Animal / Dog Law Questions & Answers
Q: I own a pitbull and i live in corbin kentucky. What kind of laws should i be aware of? Can the cops seize my dog?
Timothy Denison's answer
You should get a copy of the local ordinances for animal control for Corbin and Whitley County and read them thoroughly as they Vary widely from County to County. You can have the dog chipped locally for $20-$30. Make sure you have him leashed and under control at all times.
You should get a copy of the local ordinances for animal control for Corbin and Whitley County and read them thoroughly as they Vary widely from County to County. You can have the dog chipped locally for $20-$30. Make sure you have him leashed and under control at all times.
Q: Pet insurance won’t pay my dog’s treatment due tu “pre-existent” condition.
1 Answer
| Asked
in
Animal / Dog Law and Insurance Bad Faith
for
California
on
Answered on May 23, 2018
Answered on May 23, 2018
William John Light's answer
The policy will define "pre existing condition". It probably doesn't require a pre existing diagnosis. However, in determining whether the insurer is accurately denying coverage, you have to examine the actual language of the policy.
The policy will define "pre existing condition". It probably doesn't require a pre existing diagnosis. However, in determining whether the insurer is accurately denying coverage, you have to examine the actual language of the policy.
Q: My pitbull bit my roommate she entered my room the pound wants to put him down after the 10 day corintine period HOW
William John Light's answer
I believe that you are entitled to a hearing. Your dog may have been declared a vicious dog under Food and Agriculture Code § 31603.
“Vicious dog” means either of the following:
(a) Any dog that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.
(b) Any dog previously determined to be and currently listed as a potentially dangerous dog that, after its owner or keeper has been notified of this determination, continues the...
I believe that you are entitled to a hearing. Your dog may have been declared a vicious dog under Food and Agriculture Code § 31603.
“Vicious dog” means either of the following:
(a) Any dog that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.
(b) Any dog previously determined to be and currently listed as a potentially dangerous dog that, after its owner or keeper has been notified of this determination, continues the...
Q: Can Owner B take the dog back? Will the Judge force us to give the dog back to Owner B, even after it was given us?
2 Answers
| Asked
in
Animal / Dog Law, Criminal Law and Small Claims
for
California
on
Answered on May 23, 2018
Answered on May 23, 2018
Dale S. Gribow's answer
NEED MORE INFO
HOWEVER, I WOULD THINK THE DOG IS YOURS........ESPECIALLY IF YOU CAN SHOW SHOTS, MED BILLS, GROOMING BILLS.
YOU SHOULD CONSIDER A DEMAND LETTER IN WRITING FOR THE PAPERS, RETURN RECEIPT REQUESTED. ... AND SEND A COPY BY REGULAR MAIL.
SET FOR THE FACTS YOU HAVE PRESENTED, DEMANDING THE PAPERS...........AND ENDING WITH
IF WE DO NOT RECEIVE WITHIN 15 DAYS WE WILL PURSUE ANY AND ALL LEGAL REMEDIES AT OUR DISPOSAL.
THEN FILE IN SMALL CLAIMS...
NEED MORE INFO
HOWEVER, I WOULD THINK THE DOG IS YOURS........ESPECIALLY IF YOU CAN SHOW SHOTS, MED BILLS, GROOMING BILLS.
YOU SHOULD CONSIDER A DEMAND LETTER IN WRITING FOR THE PAPERS, RETURN RECEIPT REQUESTED. ... AND SEND A COPY BY REGULAR MAIL.
SET FOR THE FACTS YOU HAVE PRESENTED, DEMANDING THE PAPERS...........AND ENDING WITH
IF WE DO NOT RECEIVE WITHIN 15 DAYS WE WILL PURSUE ANY AND ALL LEGAL REMEDIES AT OUR DISPOSAL.
THEN FILE IN SMALL CLAIMS...
Q: Who has rights to the dog?
Lucas Wynne's answer
They did not gift the dog to you, they wanted you to take care of the dog. Therefore, the original owner.
They did not gift the dog to you, they wanted you to take care of the dog. Therefore, the original owner.
Q: i am pregnant for 8 months a dog belong to another person suddenly attacked and pushed me? can i sue that owner
1 Answer
| Asked
in
Animal / Dog Law and Personal Injury
for
Pennsylvania
on
Answered on May 22, 2018
Answered on May 22, 2018
Peter Munsing's answer
Yes, but unless you were in fact injured what you get may not be worth the cost of the suit. However your medical bills would be an item of damage you could recover.
Yes, but unless you were in fact injured what you get may not be worth the cost of the suit. However your medical bills would be an item of damage you could recover.
Q: My Son got bit in the face by a dog in CA. We live in AZ. Where should I look for an Attorfor? in AZ or CA?
Peter Munsing's answer
California. Contact a member of CAOC in the county where it happened. They give free consults.
California. Contact a member of CAOC in the county where it happened. They give free consults.
Q: Can a dog be returned to its rightful owners after being adopted by a shelter? Dog was taken from the residence
Kristina M. Bergsten's answer
Unfortunately, this situation happens a lot. There is no recourse for the original owner to get a dog back once adopted out to a good faith third party. The only possible resolution is to sue the animal shelter for conversion - but that can only be done if the original owner made the shelter aware that she was the owner and would be getting the dog - but the shelter adopted the dog out from under her, anyway.
Unfortunately, this situation happens a lot. There is no recourse for the original owner to get a dog back once adopted out to a good faith third party. The only possible resolution is to sue the animal shelter for conversion - but that can only be done if the original owner made the shelter aware that she was the owner and would be getting the dog - but the shelter adopted the dog out from under her, anyway.
Q: My dog kill my Neighbor dog. I’m willing to pay, but they are asking for 5k for the dog and stress. No papers/ Receipts.
William John Light's answer
Damages are the fair market value of the deceased dog. There is no compensation for stress. Look for comparable offers to sell based on breed, age, gender, etc. That will be an approximation of the value.
Damages are the fair market value of the deceased dog. There is no compensation for stress. Look for comparable offers to sell based on breed, age, gender, etc. That will be an approximation of the value.
Q: An officer took my 12yr old dog from my yard in a private property trailer park. Took to the pound, charged dog at large
Lucas Wynne's answer
You should never write to a judge. You should only argue your case in court, usually with the help of a lawyer.
You should never write to a judge. You should only argue your case in court, usually with the help of a lawyer.
Q: Does Notice of Hearing need to state purpose of the hearing?
1 Answer
| Asked
in
Real Estate Law, Animal / Dog Law, Civil Rights and Legal Malpractice
for
Florida
on
Answered on May 22, 2018
Answered on May 22, 2018
Jonathan A. Klurfeld's answer
Generally, a notice of hearing is supposed to state what is being heard, just the title of the motion; unless the court set it and it is a case management/status conference with no specific item being heard.
You need to reach out to the county for each hearing you need assistance at per the below.
for Citrus County:
AMERICANS WITH DISABILITIES ACT. If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you...
Generally, a notice of hearing is supposed to state what is being heard, just the title of the motion; unless the court set it and it is a case management/status conference with no specific item being heard.
You need to reach out to the county for each hearing you need assistance at per the below.
for Citrus County:
AMERICANS WITH DISABILITIES ACT. If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you...
Q: Im being evicted from my apt because my dogs collar broke&he got loose,neighbors do the same thing no eviction.fight it?
Gregory L Abbott's answer
Whether a landlord pursues other tenants for similar alleged lease violations is irrelevant to whether you were in violation. If you fight it in court, the landlord will have the burden of proving the first violation, that they served you a lawfully worded notice which was lawfully served, and that you committed the same violation again within 6 months of the first notice, and finally that they served you another lawfully worded 10 day notice which was lawfully served. IF they can prove that,...
Whether a landlord pursues other tenants for similar alleged lease violations is irrelevant to whether you were in violation. If you fight it in court, the landlord will have the burden of proving the first violation, that they served you a lawfully worded notice which was lawfully served, and that you committed the same violation again within 6 months of the first notice, and finally that they served you another lawfully worded 10 day notice which was lawfully served. IF they can prove that,...
Q: We re-homed a dog. Who was then neglected An now is Dropped off with us again without knowledge. Is that adadonment?
William John Light's answer
Sounds like abandonment. You never agreed or consented to keeping her for awhile, nor do you have any idea how long that is. You don't say whether the man paid for the dog. If so, it would seem that he should get his money back. The dog is dangerous and is likely to harm more dogs and/or people and should not have been "re-homed". Given your knowledge of the dog's propensities, you would be taking on potential liabilities by re-homing her again. Although, I guess you are also taking on...
Sounds like abandonment. You never agreed or consented to keeping her for awhile, nor do you have any idea how long that is. You don't say whether the man paid for the dog. If so, it would seem that he should get his money back. The dog is dangerous and is likely to harm more dogs and/or people and should not have been "re-homed". Given your knowledge of the dog's propensities, you would be taking on potential liabilities by re-homing her again. Although, I guess you are also taking on...
Q: My dog was on his leash 3 yards down the kid next door to my house was told not to touch him and did and he got bit
Ellen Cronin Badeaux's answer
You are being charged because dog owners are absolutely liable for all injuries caused by their pets. As a life long dog owner, I can say, you shouldn't own a dog unless you have a fenced yard and your dog is leash trained. Your dog needs to be current on all his shots or the dog will be put down. You will be civilly sued also.
You are being charged because dog owners are absolutely liable for all injuries caused by their pets. As a life long dog owner, I can say, you shouldn't own a dog unless you have a fenced yard and your dog is leash trained. Your dog needs to be current on all his shots or the dog will be put down. You will be civilly sued also.
Q: Could I take someone’s dog from their home? I have all the legal information on that dog to my name.
William John Light's answer
No, you cannot. I'm not sure what you think "legal necessities" are. However, it is clear that you don't own the dog. You even refer to it as "someone else's". Paying for vet bills and buying food and toys (if those are the "proper needs" to which you refer) does not confer ownership. Even you acknowledge that your efforts were help, not ownership. Taking someone else's property is burglary, conversion, theft, trespassing. If you think that the dog is neglected, contact Animal Control....
No, you cannot. I'm not sure what you think "legal necessities" are. However, it is clear that you don't own the dog. You even refer to it as "someone else's". Paying for vet bills and buying food and toys (if those are the "proper needs" to which you refer) does not confer ownership. Even you acknowledge that your efforts were help, not ownership. Taking someone else's property is burglary, conversion, theft, trespassing. If you think that the dog is neglected, contact Animal Control....
Q: I was giving the cat and I had to give it to someone else and now the original owner what's the cat back can I get sued?
Kristina M. Bergsten's answer
Yes. You can be sued in replevin or conversion and if you don’t have the cat to return you may be liable for damages. Although, I see you are from Texas, so it might be best to ask an attorney who practices in Texas.
Yes. You can be sued in replevin or conversion and if you don’t have the cat to return you may be liable for damages. Although, I see you are from Texas, so it might be best to ask an attorney who practices in Texas.
Q: should i file counter complaint to a suit claiming a dog attack that never happened? the plaintif is going after 200,000
William John Light's answer
You can sue for any injury occurring to your dogs. Your damages would be the amount of the vet bills. However, it will be almost impossible to prove who is "at fault" when dogs start fighting, and you need to prove fault for this kind of claim. The person who was bitten by your dog does not need to prove fault as the owner of a dog is strictly liable when that dog bites a person. You can assert comparative fault to reduce potential liability. However, if you homeowner's/renter's insurance,...
You can sue for any injury occurring to your dogs. Your damages would be the amount of the vet bills. However, it will be almost impossible to prove who is "at fault" when dogs start fighting, and you need to prove fault for this kind of claim. The person who was bitten by your dog does not need to prove fault as the owner of a dog is strictly liable when that dog bites a person. You can assert comparative fault to reduce potential liability. However, if you homeowner's/renter's insurance,...
Q: My dad got charged with my 4 charges and it wasn’t his fault, they were working and during school my dog ran away
Juliet Piccone's answer
Anyone in possession, control or harboring/ caring for a dog can be charged. I've never heard of a minor being charged, it's always an adult. I suppose you could try to get the prosecutor to transfer the charges to you, but I don't think that will work since parents are ultimately responsible for the acts of their kids.
Anyone in possession, control or harboring/ caring for a dog can be charged. I've never heard of a minor being charged, it's always an adult. I suppose you could try to get the prosecutor to transfer the charges to you, but I don't think that will work since parents are ultimately responsible for the acts of their kids.
Q: Emotional Support Animal with all legal documents relating to ADA necessity made to pay for travel with owner.
1 Answer
| Asked
in
Animal / Dog Law, Civil Litigation and Consumer Law
for
Virginia
on
Answered on May 15, 2018
Answered on May 15, 2018
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