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Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for Florida on
Q: I was told from the County Animal Control that because a dog attacked and bit me and my dog at a park nobody is liable?

I was walking into the dog park, but there's 2 gates and the first gate goes into a boxed area that you unleash your dog. I was told by the dog owner that he wanted to pick up his small dog before we proceeded into the dog park. I let him pick up the dog and when I opened the second gate... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Sep 27, 2020

Yes, you have a case against the dog owner for strict liability and negligence. Discuss your case with counsel here in Florida about contingency fee representation, which means you don’t pay anything unless you win. Hopefully, you can find out the identity of this dog owner. If not, a private... Read more »

1 Answer | Asked in Animal / Dog Law for California on
Q: I am a senior care provider stole my dog and I want to have it returned legally what can i do please ?

I filed a restraining order because caregiver trespassed after she was told to stay off the property and she was seen by the neighbor coming after being told not to come back and took the dog from my yard i called police but because of covid19 they informed me to file online then i filed a... Read more »

William John Light
William John Light answered on Sep 26, 2020

Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)

Request for Court Order and Answer; Form SC-105 (Request for Return of Property, filed with SC-100)

Order on Request for Court Order; Form SC-105A

Proof of Service; Form...
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1 Answer | Asked in Animal / Dog Law for Florida on
Q: Son was arrested three weeks ago, may or may not make bond. I have his dog but do not want to keep it. What to do?

Son arrested for drug charges. Family have decided not to bond him out as this is third arrest w past prison time. I took his dog but live in townhouse w my own pet. Do not want to keep her. Not sure when or if son will bond out in next few weeks. He is not very responsible w the dog but it is... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 26, 2020

Before you give the dog away, get something from him, in writing, to the effect that he is giving the dog to you.

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: I live in oregon. I bought a german shepherd puppy. We did a dna test. Its a mix puppy. What are my options here?

the breeder said it was a purebred with no papers. We bought a dna test and turns out he is half german shepherd. He is five months.

Jennie Lynn Clark
Jennie Lynn Clark answered on Sep 24, 2020

Theoretically, there is a breach of contract case assuming you have the evidence to prove the breach. If there is a contract stating you purchased a purebred for x price, then there is a breach of contract. Normally, the remedy is to return the dog and get your money back.

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... Read more »

Ben Corcoran
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... Read more »

2 Answers | Asked in Animal / Dog Law for California on
Q: I live in Los Angeles California, my former roommate lost my dog. Can I legally keep his deposit?

He was told repeatedly to keep the fence close because my dog would get out. He left it open multiple times and my dog has been missing for two months. I have had that dog for 10 years.

William John Light
William John Light answered on Sep 21, 2020

Depends on the terms of the lease, but the deposit is usually for the landlord's protection, not roommates. Your damages are the fair market value of a 10 year old dog, if you want to sue in Small Claims.

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1 Answer | Asked in Animal / Dog Law for Louisiana on
Q: I have a text message from a rescue saying I could keep a dog. 3 weeks later she says she wants it back.

Do I legally have to give the dog back. I brought it to a vet for vaccines and rabies.

I scanned it for a microchip and he doesn't have one. I will get him microchipped. How do I get him licensed? Is rabies certificate considered a license? Thank you for your help.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 20, 2020

Print the text. Get the dog licensed/rabies shot & chipped. Send her an email/certified letter that relying on her email, you have now taken adverse possession of the dog.

2 Answers | Asked in Animal / Dog Law for California on
Q: What decides the ownership of a dog that was given as a gift.

I received my dog as a gift when I was a child from my father. Now that I am an adult, I plan on moving out with my dog. But my family and father are now refusing to let me take him. Am I allowed to just take my dog from the home? He has no proof of ownership, meanwhile, I have years worth of proof... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 20, 2020

The transfer of ownership in a gift is complete when the gift is delivered to the recipient. Once the dog was given to you it became yours, unless you gifted it back.

Justia disclaimers below, incorporated herein.

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1 Answer | Asked in Animal / Dog Law for New York on
Q: I have been watching a dog for a friend for three years. At what point can I keep her?

Honestly thought I was having the dog ditched on me but I have absolutely fallen in love with this animal. I have had her spade and microchipped and have paid for food, treats, baths, etc for the past three years. At what point can I claim this as my dog?

Tim Akpinar
Tim Akpinar answered on Sep 18, 2020

This is something on which one of the an animal law attorneys could advise best. But you await a response for four weeks. It sounds like a difficult situation. On one hand, it sounds like your position is that you could be seen as the dog's owner, in all but name and legal formality. On the... Read more »

1 Answer | Asked in Animal / Dog Law for Maryland on
Q: My sister has an alcohol addiction and while in 2 week in-patient treatment I began caring for her dog. That was 1.5 yrs

ago and she has not once physically come to get her dog and now is threatening to send sheriff take me to court. Is this a civil matter since no criminal theft occured no police report? Can I defend that Im now primary caregiver and property abandonment? She does have original adoption papers for... Read more »

Mark Oakley
Mark Oakley answered on Sep 18, 2020

The only legal defense you have to keep the dog based on your description is if you convince the court she abandoned the dog, or intended to give the dog to you. Get the proof from whomever she told that she had abandoned the dog. That’s an admission against interest. You also have a... Read more »

1 Answer | Asked in Animal / Dog Law for Illinois on
Q: My dog was stolen by roommate and given away. They both deny but I seen my dog in the window, police won't help

We had a roommate that took my dog from my home, he gave her to a woman nearby. They both deny this but I seen my dog in the woman's window, police won't help because no one else can verify she's there. The woman doesn't let the dogs outside they use the bathroom inside so I... Read more »

George W. Svoboda
George W. Svoboda answered on Sep 17, 2020

Take a picture of the dog in the window of the woman and take it to the police to confirm your story. Try to do this without standing on the woman's property. You could sue to get the dog back, but you will still need proof that the woman has the dog. You will also need to prove that you own... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Q: What are my rights as a property owner? how do I evict someone who refuses to leave my propery?

I let a friend stay on my property in a tent on a temporary basis. I live on this property also, in a mobile home. There was never any contract so to speak, and he doesnt pay rent. Winter came and I allowed him to stay in a gutted out schoolbus that had a woodstove in it so that he wouldnt freeze.... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 16, 2020

If the dog bit anyone, you should report that to your local county animal control. If the dog bit at the command of a human, you should report that to your local police or sheriff. As to getting rid of him, you need to review everything with a local landlord-tenant attorney. IF you can establish... Read more »

2 Answers | Asked in Animal / Dog Law, Car Accidents, Small Claims and Wrongful Death for New York on
Q: Does he have to pay the vet bill?

My grandfather accidentally hit someone's dog the other day, and left the scene (which he's already been ticketed for), and the dog didn't make it. The dog's owners tried getting him to pay the vet bill for the services the dog recieved before passing. Does my grandfather have... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 15, 2020

He should speak with his car insurance company. However, I believe that he is liable from what you have said.

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1 Answer | Asked in Animal / Dog Law for Indiana on
Q: Do i have a case? 2 stray dogs killed 8 of my backyard chickens and injured 3.

I recovered 4 bodies, the other 4 are missing, presumed dead. I kept the dogs safe until owners could claim them. I have several photos of my flock pre attack, post attack, and of the dogs as well as piles of feathers in our yard. The owner offered no compensation, even when I asked. We... Read more »

Tyler Young
Tyler Young answered on Sep 14, 2020

Most likely you have a claim for the value of the animals. Indiana likely has a small claims court option for you. I recommend looking into small claims courts in your area. This will be an inexpensive and relatively fast option for you to find some recovery.

1 Answer | Asked in Animal / Dog Law for California on
Q: Can an animal shelter put down a chipped dog when the owner has been in contact?

My poor baby was taken to the animal shelter while I was away by an ex bf as he was watching her. He had no right to do that. She wasn't abandoned he was mad at me and took her to hurt me. She was chipped. They called my ex husband and never called me. My chip company never emailed me either... Read more »

Tyler Young
Tyler Young answered on Sep 14, 2020

I am a dog owner and can only imagine the heartache you're feeling about this. I'm so sorry.

First, I recommend that you chat with a CA attorney. Most states classify dogs as property. Typically someone in your situation won't have many remedies. That said, CA may be...
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1 Answer | Asked in Animal / Dog Law for California on
Q: Can the new owners be arrested for not returning the stolen dog? And or the person who sold the dog without consent?
Maurice Mandel II
Maurice Mandel II answered on Sep 12, 2020

It is not likely they will be arrested or prosecuted unless they are grossly abusing the animals. You need to seek redress in Small claims for money damages and an order to return the dog. A dog is property the same as your car. What would you do if someone stole your car and the police were too... Read more »

2 Answers | Asked in Criminal Law and Animal / Dog Law for California on
Q: I sold a dog without the owners permission. I tried getting it back but the people refuse to return after telling them

I told owner Ill get their puppy back and it was a mistake. I called the people who got her but the refuse to return the puppy. I did inform them 2 hours after they got her she was taken/stolen from the original owners I need to return her now. They said too bad. Can the owner file a report... Read more »

William John Light
William John Light answered on Sep 9, 2020

The owner can file a report against you and the new "owners." The owner can also sue you and the new "owners" in Small Claims for the value of the dog, a daily "loss of use" rate, and/or an order for return of their property.

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1 Answer | Asked in Animal / Dog Law for California on
Q: In California, can I sue the buyer for breach of contract and get the dogs back ? Along with monetary penalty ?

Buyer signed a contract. Breached contract in a few places the biggest being unauthorized breeding falling under “whether intentional or accidental” I have a monetary fee as well

As I can request the dogs back. I reached out to her and she blocked me. I filed in small

Claims but... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 8, 2020

Small claims is a division of the Superior Court and has jurisdiction over most civil disputes. It can provide the same remedies as the BIG court. However, Small Claims cannot hear a case that is just for "injunction" or an Order for her to return the dog to you. You have to be asking... Read more »

3 Answers | Asked in Criminal Law and Animal / Dog Law for California on
Q: Is it against the law in CA for a neighbor to take our cat days at a time?

these crazy neighbors have been holding our cat hostage inside for days at a time. They have been positive for corona virus and I'm 7 months pregnant. I tried calling police but they said a cat isn't considered property. Its causing me a lot of stress. I though pets were property, isnt this thef?

Kristina M. Bergsten
Kristina M. Bergsten answered on Sep 8, 2020

The police are clearly just being lazy in this situation. You can call the chief and file a complaint against the officers. The squeaky wheel gets oiled the most!

To answer your question, yes, animals (cats and dogs and cows, pigs, birds, all animals, etc.) are considered property. So, the...
Read more »

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1 Answer | Asked in Animal / Dog Law for Michigan on
Q: I have a dog at large arraignment coming up but I don’t want to waste a date off work.

Can I plead guilty ahead of time and just pay the fine or do I actually have to go to court? My dog did get out, no one was bitten and no property was damaged.

Brent T. Geers
Brent T. Geers answered on Sep 8, 2020

You should contact the court, or better yet, contact a local attorney to guide you through the process as to how that particular court handles things.

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