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Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Is it legal in West Jefferson Oh to leave your dog outside during freezing temperatures?

My neighbors leave their dog outside in a small fenced in area 24/7. I never see it out. There is a dog house but it doesn’t have a flap and I don’t think it has any straw. It stays out there even when temperatures drop below 30 degrees. Is this even legal? It’s heartbreaking.

Taylor P Waters
Taylor P Waters answered on Nov 18, 2019

It is not legal. R.C. § 959.131(D)(3) states that it is considered torture to "confine the companion animal without affording it. during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight if it can reasonably be expected that the... Read more »

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: When it says for mississippi city of tupelo, that pit bulls are "declared vicious" but doesnt say banned or restricted,

What does that mean exactly?

Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

That likely means that there is a local ordinance already declaring them to be banned from the city. It may be better to talk to someone at community development to verify.

1 Answer | Asked in Animal / Dog Law for Kentucky on
Q: Recently separated from a boyfriend, refuses too give me the dog we share. What makes the Dog mine?

The dogs are in my name at the vet.

Timothy Denison
Timothy Denison answered on Nov 16, 2019

You’ll need to sue him in small claims court.

1 Answer | Asked in Animal / Dog Law for Kentucky on
Q: I live in Kentucky and I am not clear about the laws here. A friend of mine got a dog for free

He leaves her with me and will call occasionally if the kids want to play with the dog. This has gotten confusing to her. Recently I was called one hour after she got over there to come get the dog because they wanted to play with their friends and didn’t want to deal with potty breaks. and the... Read more »

Christopher Roach
Christopher Roach answered on Nov 15, 2019

You may or you may not have any rights. You providing care for her seems to indicate ownership. On the other hand, you believe that the dog belongs to your friend and you will bring the dog over to their house at their request. Payment of those bills could indicate you own the dog, but could also... Read more »

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: My neighbor is accusing us of “noise violations” because our dog barks at him (while he’s taking pictures of them).

We live on an acre of land and the dog ONLY barks when the man is creeping around our property (in bushes and driveway) he’s taking us to an animal services hearing where we’ll supposedly be charged $250 for “noise violation” He claims dogs can’t bark at all but I want the dog to... Read more »

Mark Oakley
Mark Oakley answered on Nov 15, 2019

Each county or local government has its own code (or not) regarding excessive barking. They are vague. For instance, Montgomery County’s reads, “An owner must not allow an animal to cause noise that is loud enough and persistent enough to disturb another person’s quiet enjoyment.“ This... Read more »

1 Answer | Asked in Animal / Dog Law for Missouri on
Q: My question is about abandonment of a dog in my care how long before I can take ownership

I have had this dog since the 5th of this month with no response from the owner since about the tenth

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

You would be wise to review the property laws in your state and/or to visit with an attorney. Do not risk being charged with theft of property for failure to turn it back over to the original owner.

1 Answer | Asked in Animal / Dog Law and Municipal Law for California on
Q: neighbors dog broken multiple fence boards in attempts to attack my kids, authorities don’t seem to care, what do I do?

I’ve contacted the owner, animal control, city code enforcement and local police and none of them either seem to care or say there is nothing they can do, I feel the system is failing me here and leaving me no safe options. I need some advice on how to proceed.

William John Light
William John Light answered on Nov 13, 2019

It seems that you need a better fence. Six foot chain link or masonry so that the dog can't chew through it. If it's wood or chain link, beware. The dog can also dig under it. Neighbors have an obligation to share the expenses of a property line fence, assuming that you have otherwise complied... Read more »

1 Answer | Asked in Animal / Dog Law for California on
Q: Can the DA or another lawyer start a class action lawsuit against Posh Paws Dog Groomers, hurt/killed dogs in Rocklin CA
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 12, 2019

The DA wouldn't be the person to start a class action. Could a private individual? Probably not. A class action is only appropriate when the number of plaintiffs are too numerous for conventional for conventional joinder--as a rough rule of thumb, if you can fit them in the gallery on the... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Florida on
Q: I live in a mobile home park can my landlord deny my pitbull emotional support dog ?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2019

If the mobile home has rules against having pit bulls than you cannot expect them to bend the rules just because you claim the pit bull is you "emotional support" dog. Why not go get a different breed of dog?

1 Answer | Asked in Products Liability and Animal / Dog Law for Kentucky on
Q: My cat has been missing since August. Neighbor posted MY cat but refused to give it back when I spoke with her.

Her son posted it on social media. It was lost close to her house. She says she posted it as missing on 1 site for 5 days and her kids are attached so she doesn't have to return it. Can I get it back reasonably easily?

Timothy Denison
Timothy Denison answered on Nov 11, 2019

Yes. If you have proof of ownership, simply call the police.

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Visiting FL family and our dog bite/attacked neighbors dog loose in familys yard...can cause legal action?

Neighbors dog left unattended in family yard and caused my dog to attack it...can they pursue legal action to pay vet bill and surgery

Mark Oakley
Mark Oakley answered on Nov 10, 2019

This should be posted under Florida law, not Maryland, as the laws different. I imagine that anytime a pet owner allows their dog to run loose (the very definition of not being under control) AND off their property, then their intentional, negligent or careless acts that allowed that and subsequent... Read more »

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: I was walkng my dog and he jumped on someone but I quickly pulled my dog away. Can I get sued? Can I get my dog taken?

My dog is only 2 years old and the person he jumped on threaten the sue me? Is that even possible?

Mark Oakley
Mark Oakley answered on Nov 10, 2019

In theory, the person can sue you for negligence in failing to control your dog and allowing it to cause injury to him. However, it is unclear what his damages would be: was he bit? Scratched? Clothes torn? Suffered severe fright from the “attack”? How severe was your dog’s interaction? Was... Read more »

1 Answer | Asked in Animal / Dog Law for California on
Q: If my service dog is in pound . Do I have to pay the release fee. Or should they release to me because it's a service do

We lost our dog on Halloween evening when trick or treating since then . Then dog was taken in by somebody groomed and somehow landed her way to the pound where even though she is registered and has tags. The tags when lost were not currently be worn by our dog sheilla

William John Light
William John Light answered on Nov 8, 2019

As far as I am aware, there is no exemption from impound fees for a service dog. The pound will know. Ask them.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Can someone else call my pet's clinic to confirm their vaccinations are up to date after sending them an updated copy?

I would just like to know since I'd like to protect my pet's medical history and not give out so much information.

Taylor P Waters
Taylor P Waters answered on Nov 8, 2019

Veterinary records are not protected like human medical records. That being said, your veterinarian likely has a policy and guidelines they use for patient information. You should contact your veterinarian and ask what their policy is.

1 Answer | Asked in Animal / Dog Law for Louisiana on
Q: I am with a dog rescue. 5 dogs were surrendered by owner and then transferred to a friend of a friend until transport

The friend of the friend agreed to foster the dogs until transport from LA to TX rescue foster home where they will be spayed/neutered and completely vetted before placement with adoptive families. She turned out to be an unlicensed backyard breeder and plans to use at least two of these dogs for... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 7, 2019

File a claim for civil fraud, damages, specific performance, legal fees, court costs, in small claims court with a Justuce of the Peace against both the friend and her friend.m. Also file a criminal complaint of fraud with the Sheriff's Office. Then contact the LA Dept of Ag and Humane Sociery to... Read more »

1 Answer | Asked in Animal / Dog Law for Kentucky on
Q: My 9 year old daughter received a settlement for a dog bite that has to be put into a restricted access account p

Pursuant KRS 387.125. Is there anyway to borrow from it and pay back?

Timothy Denison
Timothy Denison answered on Nov 7, 2019

Not without approval of the court first.

1 Answer | Asked in Personal Injury and Animal / Dog Law for Missouri on
Q: My dog just died from eating berries off a lantana plant in the backyard of the home I've been renting since June. Sue?

My landlord never advised that plants on property were toxic to dogs. I accumulated about $2,500 in vet bills trying to save my dog to no avail. Can I ask my landlord to reimburse?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 7, 2019

I am sorry that your dog got poisoned, but I'm not aware of any Missouri case on point. My gut feeling is that a landlord is not under a duty to advise a tenant of plants that are toxic to animals. Here is a link to an old Missouri Court of Appeals case, Grimmeissen v. Walgreen Drug Stores, 229... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for New York on
Q: How do I file a claim against a lawyer (Versace) for discrimination?

I reside in the apartments he owns(big mistake). I have an ESA, and he's denying to accept it. Meanwhile I've seen 3 other dogs on the property.

Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 6, 2019

You can file a complaint with New York State Division of Human Rights.

1 Answer | Asked in Animal / Dog Law for Kentucky on
Q: My neighbors pit bulls attacked my dog in their yard, are they responsible?
Timothy Denison
Timothy Denison answered on Nov 5, 2019

Probably not, because your dog is required to be on a leash.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: My 8 month old cattle dog had gotten out of his dog run and got into my neighbor's yard to which he had shot him

My 8 month old cattle dog had gotten out of his dog run and got into my neighbor's yard to which he had shot him with a bird shot shotgun round and left 30 pellets in his front leg I was curious if we can sue him for over a 1000$ in vet bill?

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 4, 2019

Yes you can sue him. Defending cattle/livestock is a defense to shooting a dog, but that wasn’t the case, then you’re likely to be successful.

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