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Animal / Dog Law Questions & Answers
Q: What can I do if the people I re-homed my dog to are refusing to pay for him? I signed a re-home contract for vet reason
Kristina M. Bergsten's answer
Without knowing the terms of the contract, it is difficult to assess how strong your action is. However, as a general rule, if the purchasers have failed to fulfill their part of the contract, you certainly have a cause of action against them. I would recommend having an animal law attorney review your contract to get the best opinion on the strength of your case.
Without knowing the terms of the contract, it is difficult to assess how strong your action is. However, as a general rule, if the purchasers have failed to fulfill their part of the contract, you certainly have a cause of action against them. I would recommend having an animal law attorney review your contract to get the best opinion on the strength of your case.
Q: Dog was sold to us and represented as a purebred mini aussie. Had dna done via a blood draw proved our dog is a mix
Kristina M. Bergsten's answer
You can sue the pet store for breach of contact, misrepresentation, and possibly fraudulent inducement, among other torts. It would be best if you met with an animal law attorney to go over all your options.
You can sue the pet store for breach of contact, misrepresentation, and possibly fraudulent inducement, among other torts. It would be best if you met with an animal law attorney to go over all your options.
Q: What do you have to do when finding a dog?
William John Light's answer
I'm not certain that you "have" to do anything. However, if you know who the owner is, and keep his property (dog), that is a form of theft and you could be charged criminally. If the dog has a tag, call the number. If not, call a vet or shelter to see if they have a universal microchip scanner. If the owner is identified that way, call him. If there is no way to tell who the owner is, surrender the dog to a shelter, or keep him, if that is your preference.
I'm not certain that you "have" to do anything. However, if you know who the owner is, and keep his property (dog), that is a form of theft and you could be charged criminally. If the dog has a tag, call the number. If not, call a vet or shelter to see if they have a universal microchip scanner. If the owner is identified that way, call him. If there is no way to tell who the owner is, surrender the dog to a shelter, or keep him, if that is your preference.
Q: I sold a puppy with a contract that required puppy to be spayed, how can I request a proof from them?
1 Answer
| Asked
in
Contracts, Animal / Dog Law, Civil Litigation and Civil Rights
for
Florida
on
Answered on Oct 16, 2017
Answered on Oct 16, 2017
Andy Wayne Williamson's answer
everything depends upon the wording of the contract you have with the people. Typically when you sell something your right to be legally concerned about it is gone. However, your contract could have or may have covered this very situation. However, you need to be sitting in a lawyers office in your area and not online as there is nothing we can do to help you in this situation. Go see a lawyer to have the contract reviewed.
everything depends upon the wording of the contract you have with the people. Typically when you sell something your right to be legally concerned about it is gone. However, your contract could have or may have covered this very situation. However, you need to be sitting in a lawyers office in your area and not online as there is nothing we can do to help you in this situation. Go see a lawyer to have the contract reviewed.
Q: I have Asperger's syndrome. I recently got an in training service dog I live with my mother who says I cannot keep her
1 Answer
| Asked
in
Family Law, Animal / Dog Law and Landlord - Tenant
for
Kentucky
on
Answered on Oct 15, 2017
Answered on Oct 15, 2017
Salim U. Shaikh's answer
Your mother knows well how to manage her home. If she agrees to, keeping in view your disability and need of a service dog, make a separate enclosure for your dog or have to opt either dog or mother. Without thrusting your options, better discuss with her.
Your mother knows well how to manage her home. If she agrees to, keeping in view your disability and need of a service dog, make a separate enclosure for your dog or have to opt either dog or mother. Without thrusting your options, better discuss with her.
Q: I was talked into giving a dog to a rescue and did so but never signed a surrender agreement
William John Light's answer
It seems to me that you gave your dog away. The Rescue is probably the new owner and can do with him as they please.
It seems to me that you gave your dog away. The Rescue is probably the new owner and can do with him as they please.
Q: I live in a Mobil home park in portsmouth there is a weight limit also 25 pounds. My neighbor has a full german shepard
1 Answer
| Asked
in
Civil Litigation and Animal / Dog Law
for
Rhode Island
on
Answered on Oct 15, 2017
Answered on Oct 15, 2017
Salim U. Shaikh's answer
Dog being out of control has become a nuisance for neighbors. As you explained, my advice is to send a legal notice to management of this park reminding them of their duties who agreed to take care of residents from such nuisance, tranquility of residents and to provide a better place to live in.
Dog being out of control has become a nuisance for neighbors. As you explained, my advice is to send a legal notice to management of this park reminding them of their duties who agreed to take care of residents from such nuisance, tranquility of residents and to provide a better place to live in.
Q: What happens if I got a violation but can't afford the vet what problems can I get into
William John Light's answer
You can be charged with a misdemeanor for animal cruelty for failing to take proper care of your dog. The dog can be seized and put in the pound, where it could be cared for (at your expense), given up for adoption, or destroyed..
You can be charged with a misdemeanor for animal cruelty for failing to take proper care of your dog. The dog can be seized and put in the pound, where it could be cared for (at your expense), given up for adoption, or destroyed..
Q: can a judge tell you to give up a dog to an adoption center
Juliet Piccone's answer
If the charge against you is something they can take away or kill your dog over then yes.
If the charge against you is something they can take away or kill your dog over then yes.
Q: If I want to get my bitch pregnant with my neighbor's stud, but the stud's owner does not want that, can he sue me?
Juliet Piccone's answer
Does your neighbor not own the stud? It would appear that if the neighbor is keeping someone else's stud, and breeds that dog in violation of an agreement your neighbor has with the owner, the owner could sue your neighbor and could possibly also sue you for conversion, i.e. taking something that belongs to him without his permission (his dog's semen). I would tread carefully.
Does your neighbor not own the stud? It would appear that if the neighbor is keeping someone else's stud, and breeds that dog in violation of an agreement your neighbor has with the owner, the owner could sue your neighbor and could possibly also sue you for conversion, i.e. taking something that belongs to him without his permission (his dog's semen). I would tread carefully.
Q: Someone took and sold my puppy without permission after being turned away by police what do I do to get puppy back
Juliet Piccone's answer
This is a civil matter. You need to consult with an animal attorney with experience in suing to get your dog back. I have handled dozens of such cases.
This is a civil matter. You need to consult with an animal attorney with experience in suing to get your dog back. I have handled dozens of such cases.
Q: I found a small dog on a busy street, it has a chip, owners haven't claimed her, can I keep her?
Juliet Piccone's answer
Private people cannot extinguish ownership, only animal shelters and pounds have the statutory safe haven to do so. They must keep the animal for five business days before ownership is extinguished by statute. So you need to report the dog as found to your local animal shelter (or where she was found) and state you are going to hold her at your home for the 5 day period. They have to list the animal in their system with enough specificity that the owner could identify it if they were to call...
Private people cannot extinguish ownership, only animal shelters and pounds have the statutory safe haven to do so. They must keep the animal for five business days before ownership is extinguished by statute. So you need to report the dog as found to your local animal shelter (or where she was found) and state you are going to hold her at your home for the 5 day period. They have to list the animal in their system with enough specificity that the owner could identify it if they were to call...
Q: Iowa, our female ran off 3 months ago, a neighbor 3 miles away has her, doesn't want to give her back, my rights?
Stephen Douglas Lombardi's answer
According to the law, the dog is property. The owner can sue in District Court for the dog to be returned, via a procedure commonly referred to as a replevin. Or in small claims court for the value of the dog. Or consider reporting it to the police and asking law enforcement to assist in obtaining the dog's return to the rightful owner.
According to the law, the dog is property. The owner can sue in District Court for the dog to be returned, via a procedure commonly referred to as a replevin. Or in small claims court for the value of the dog. Or consider reporting it to the police and asking law enforcement to assist in obtaining the dog's return to the rightful owner.
Q: If my ex is trying to get custody from my ferret and dog can she? Even though I have both and both are under my name?
Kristina M. Bergsten's answer
If she has a claim to ownership, then she can sue for ownership and possession. But it sounds like you have a good defense to your own ownership and possession.
If she has a claim to ownership, then she can sue for ownership and possession. But it sounds like you have a good defense to your own ownership and possession.
Q: I found a dog with no microchip. Checked with local vets and humane society and none reported missing. Can I keep it?
Juliet Piccone's answer
At the very least you need to give all the info to the local shelter and have them list you as an in home hold. The only statutory way for ownership of a lost pet to be severed is for it to be processed by the local pound and listed as found for five days that the shelter is open.
At the very least you need to give all the info to the local shelter and have them list you as an in home hold. The only statutory way for ownership of a lost pet to be severed is for it to be processed by the local pound and listed as found for five days that the shelter is open.
Q: My dog went missing we now know who has it but they won't give the dog back. What should I do?
Juliet Piccone's answer
You need a consult with an attorney who handles these cases like me. You will probably have to sue them but whether you will be successful depends on a lot of different factors
You need a consult with an attorney who handles these cases like me. You will probably have to sue them but whether you will be successful depends on a lot of different factors
Q: If I leave my cat a grooming salon I work at for a few days, and they give her away without my, how can I get her back?
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Animal / Dog Law
for
Colorado
on
Answered on Oct 11, 2017
Answered on Oct 11, 2017
Juliet Piccone's answer
You will have to sue the whoever gave your cat away and the person they gave it to but there are a lot of details that will affect whether you will be successful. I'd suggest you schedule a consultation.
You will have to sue the whoever gave your cat away and the person they gave it to but there are a lot of details that will affect whether you will be successful. I'd suggest you schedule a consultation.
Q: hi..a dog ran out of a house today when we were carrying in equipment to do their hardwood floors, - it was hit by a car
1 Answer
| Asked
in
Animal / Dog Law, Construction Law and Consumer Law
for
Colorado
on
Answered on Oct 11, 2017
Answered on Oct 11, 2017
Juliet Piccone's answer
I would suggest offering to credit their bill in exchange for a full and final release of liability for the damages ie death of their dog. I can draft such a document.
I would suggest offering to credit their bill in exchange for a full and final release of liability for the damages ie death of their dog. I can draft such a document.
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