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Animal / Dog Law Questions & Answers
Q: My dog got into a fight through my fence with another dog. Am I liable for their vet bills?
Kristina M. Bergsten's answer
I would say that you have a strong case for that dog owner to pay YOUR dog's vet bills! I think it is in your best interest to speak to an animal law attorney about this.
But, unless the person sues you in court and you are found liable by a judge or jury, you are not liable.
I would say that you have a strong case for that dog owner to pay YOUR dog's vet bills! I think it is in your best interest to speak to an animal law attorney about this.
But, unless the person sues you in court and you are found liable by a judge or jury, you are not liable.
Q: Are you allowed to walk your dog on school property after hours During summer season
Ali Ebrahimzadeh, Esq.'s answer
Is there a related prohibition posted on the property? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
Is there a related prohibition posted on the property? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
Q: Who has a legal claim to dog -- myself, ex, or both? After 2 yrs of dog being with me ex is threatening to sue me.
Ali Ebrahimzadeh, Esq.'s answer
It sounds like he abandoned it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
It sounds like he abandoned it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
Q: Can I walk my dog after hours on School grounds During summer months?
1 Answer
| Asked
in
Animal / Dog Law, Personal Injury and Criminal Law
for
Massachusetts
on
Answered on Aug 22, 2017
Answered on Aug 22, 2017
William Head's answer
You forgot to mention whether your dog wore a diaper. The issue for schools is that children play outside (recess) and if poop piles litter the landscape, guess who gets to clean up the kids, once they get poop on them? Don't ask me how they get poop on them, but they will.
If it is a law, or posted, STAY AWAY.
You forgot to mention whether your dog wore a diaper. The issue for schools is that children play outside (recess) and if poop piles litter the landscape, guess who gets to clean up the kids, once they get poop on them? Don't ask me how they get poop on them, but they will.
If it is a law, or posted, STAY AWAY.
Q: My fence could be a bit taller but my lil 1 year old dog jumped it and ran up to a woman and her lil pup. No bites
William John Light's answer
You are liable for all the injuries caused by your dog, little or not, bites or not. If she was injured, or her dog was injured, you can be sued for the harm caused.
You are liable for all the injuries caused by your dog, little or not, bites or not. If she was injured, or her dog was injured, you can be sued for the harm caused.
Q: Adopted a rescue from shelter. Dog has attacked a cat, bit the roommate and me unprovoked. Can I sue the shelter?
1 Answer
| Asked
in
Adoption, Animal / Dog Law and Personal Injury
for
California
on
Answered on Aug 21, 2017
Answered on Aug 21, 2017
William John Light's answer
It is unlikely that you can prove that the shelter had knowledge of the unfitness of the dog and misled you. If you have that proof then, yes, it's possible to sue. t's more likely that you can take the dog back, explain the situation and get a different dog.
It is unlikely that you can prove that the shelter had knowledge of the unfitness of the dog and misled you. If you have that proof then, yes, it's possible to sue. t's more likely that you can take the dog back, explain the situation and get a different dog.
Q: I can not keep my dog anymore and he does not have any of his shots.If I take him to the shelter will I be in trouble
Kristina M. Bergsten's answer
No, you will not be in trouble. If you are giving up ownership in the dog to the shelter, they will accept him/her. It would be best to advise them that the dog has not received its shots so they can create an action plan to help the dog. It would be best if you took the dog to a "no-kill" shelter in your area.
No, you will not be in trouble. If you are giving up ownership in the dog to the shelter, they will accept him/her. It would be best to advise them that the dog has not received its shots so they can create an action plan to help the dog. It would be best if you took the dog to a "no-kill" shelter in your area.
Q: My question is my fiance went to our vets and told them some story and got the billing change to his name and had it
Brendan Michael Kelly's answer
You need to get a lawyer involved to obtain the dog(s) so that he does not take them. If you have proof than you should be able to get them back. Timing is essential for getting the dog(s) back. You may also have certain rights as regards other mutual property.
You need to get a lawyer involved to obtain the dog(s) so that he does not take them. If you have proof than you should be able to get them back. Timing is essential for getting the dog(s) back. You may also have certain rights as regards other mutual property.
Q: If my dog bites a kid while they are both in my yard can I get in trouble?
David Alan Wolf's answer
It appears that Kentucky is a strict liability dog bite state as follows:
(4) Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.
This means that a dog owner can be liable for a dog bite to a child or adult even if the dog had not been vicious before. There are some exceptions to this rule in many states. For instance, if the person is a trespasser, this can be a defense to the case.
If a...
It appears that Kentucky is a strict liability dog bite state as follows:
(4) Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.
This means that a dog owner can be liable for a dog bite to a child or adult even if the dog had not been vicious before. There are some exceptions to this rule in many states. For instance, if the person is a trespasser, this can be a defense to the case.
If a...
Q: Can a dog be considered abandoned property if someone asked me to "temporarily" house it & it's been 8 months?
William John Light's answer
It isn't abandoned since you agreed to take care of it for her, with no end date. "Temporary" means different things to different people. I believe that the dog is still hers. If you want it, ask her if you can have to dog, or purchase it from her. Or, tell her that you don't want to take care of it anymore and will take it to Animal Control on a specified date. If she doesn't pick it up before then, leave the dog at Animal Control (or a no kill shelter) and inform them that you want to...
It isn't abandoned since you agreed to take care of it for her, with no end date. "Temporary" means different things to different people. I believe that the dog is still hers. If you want it, ask her if you can have to dog, or purchase it from her. Or, tell her that you don't want to take care of it anymore and will take it to Animal Control on a specified date. If she doesn't pick it up before then, leave the dog at Animal Control (or a no kill shelter) and inform them that you want to...
Q: Is it worth suing a dog rescue if they won't refund my adoption fee after not divulging all the information on the dog?
Kristina M. Bergsten's answer
It would most likely not be worth it to sue for your adoption fee back because, I imagine, your adoption fee was relatively small. You would likely spend more money on filing fees alone to sue the shelter in small claims court, not to mention attorney's fees. If the dog was previously found to be a "dangerous dog" by the courts, the shelter was legally required to advise you of such a finding. I'm not sure if that applies in your case; being an "aggressive dog" without a legal finding does not...
It would most likely not be worth it to sue for your adoption fee back because, I imagine, your adoption fee was relatively small. You would likely spend more money on filing fees alone to sue the shelter in small claims court, not to mention attorney's fees. If the dog was previously found to be a "dangerous dog" by the courts, the shelter was legally required to advise you of such a finding. I'm not sure if that applies in your case; being an "aggressive dog" without a legal finding does not...
Q: ex girlfriend has custody papers cuz she is the primary owner but i been taking care of the dog for 8 months
William John Light's answer
Buy it from her. It's her property. If she won't take custody and won't give or sell it to you, take it to the pound and leave it, after you tell the girlfriend that you are going to do it. Make sure the pound will let you adopt it after a waiting period before you leave it.
Buy it from her. It's her property. If she won't take custody and won't give or sell it to you, take it to the pound and leave it, after you tell the girlfriend that you are going to do it. Make sure the pound will let you adopt it after a waiting period before you leave it.
Q: The neighbor was watching my dog they weren't even there two hours An D she took them To The pound. What can. I do
William John Light's answer
Seems like the pound should give them back to you. If not, you can sue the neighbor in Small Claims court for the value of the dogs.
Seems like the pound should give them back to you. If not, you can sue the neighbor in Small Claims court for the value of the dogs.
Q: Selling my dog with consent?
William John Light's answer
Selling the dog, or giving it away, without your consent would probably be a crime, since the dog is your property. You could sue if they did that. However, you cannot force them to care for your dog. They could probably take the dog the Animal Control and surrender it, where it would either be adopted or put down.
Selling the dog, or giving it away, without your consent would probably be a crime, since the dog is your property. You could sue if they did that. However, you cannot force them to care for your dog. They could probably take the dog the Animal Control and surrender it, where it would either be adopted or put down.
Q: My ex boyfriend took my dog and I need to get her back. How can I get her back?
Kristina M. Bergsten's answer
You can try calling the police just so you have a record of the theft, but the police are going to tell you it is a civil matter - even though under the law dogs are property and therefore it should be treated as a theft; but you can't make the police do their job. So, you will have to sue in civil court under what is called a "replevin" action. It's an old doctrine of law and not many people know how to do it. Sometimes the courts don't even know. I would recommend speaking to an animal law...
You can try calling the police just so you have a record of the theft, but the police are going to tell you it is a civil matter - even though under the law dogs are property and therefore it should be treated as a theft; but you can't make the police do their job. So, you will have to sue in civil court under what is called a "replevin" action. It's an old doctrine of law and not many people know how to do it. Sometimes the courts don't even know. I would recommend speaking to an animal law...
Q: My dog was on a chain in my yard a little girl came in my yard and he jumped on her to play she said he bit her?
Kristina M. Bergsten's answer
Yes, you can fight this, but more information is needed. I would recommend you speak with an animal law attorney to go over the specifics of your case. It is not recommended that you publish anything online as this is a criminal charge and whatever you say regarding this offense can be used against you in court.
Yes, you can fight this, but more information is needed. I would recommend you speak with an animal law attorney to go over the specifics of your case. It is not recommended that you publish anything online as this is a criminal charge and whatever you say regarding this offense can be used against you in court.
Q: breach of contract
1 Answer
| Asked
in
Business Law, Animal / Dog Law and Contracts
for
Florida
on
Answered on Aug 14, 2017
Answered on Aug 14, 2017
Andy Wayne Williamson's answer
There is no way to answer this question without first reading the contract.
You need to consult with an attorney in your area and ask these questions of that attorney after they review the contract.
There is no way to answer this question without first reading the contract.
You need to consult with an attorney in your area and ask these questions of that attorney after they review the contract.
Q: Can you sue a dog owner for damage to physical property (an item)?
William John Light's answer
Generally speaking, the dog owner is responsible for all the harm caused by the dog to a person who is lawfully present (not a trespasser).
Generally speaking, the dog owner is responsible for all the harm caused by the dog to a person who is lawfully present (not a trespasser).
Q: Get Dog Back After Signing Contract
Joanne Reisman's answer
Wait did you sell the dog or did you gift him? What do you mean you signed a contract? One doesn't need a contract to gift something. If this was a sale and you have no proof that the animal is being mistreated you probably don't have any rights. If you do have proof or good reason to believe that he is being mistreated, then you can call various agencies that check on animal welfare and let them look into it. Dogs can look sad when they are going through a transition. They grieve the...
Wait did you sell the dog or did you gift him? What do you mean you signed a contract? One doesn't need a contract to gift something. If this was a sale and you have no proof that the animal is being mistreated you probably don't have any rights. If you do have proof or good reason to believe that he is being mistreated, then you can call various agencies that check on animal welfare and let them look into it. Dogs can look sad when they are going through a transition. They grieve the...
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