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Animal / Dog Law Questions & Answers
Q: My dog was attacked by neighbor's dogs THROUGH my fence. Neighbor has failed to respond to certified letter and copy
Paul Stanko's answer
As much as you may hate to resort to a lawyer in a neighbor dispute, you may have no alternative. Consult an attorney who handles civil cases in your local community. Make clear your desire to handle matters in an amicable way. As a dog "owner" myself, I feel your pain. An attorney can be more assertive in communicating with your neighbors, without being unnecessarily aggressive to the point of provoking litigation.
As much as you may hate to resort to a lawyer in a neighbor dispute, you may have no alternative. Consult an attorney who handles civil cases in your local community. Make clear your desire to handle matters in an amicable way. As a dog "owner" myself, I feel your pain. An attorney can be more assertive in communicating with your neighbors, without being unnecessarily aggressive to the point of provoking litigation.
Q: Dog babysitter stole my dog, what can I do??
Peter Munsing's answer
Assuming you have the bill of sale, assuming the dog is licensed, the police should be aware it's your dog.Yoiu could also contact the dog warden and see what they have to advise.
Assuming you have the bill of sale, assuming the dog is licensed, the police should be aware it's your dog.Yoiu could also contact the dog warden and see what they have to advise.
Q: If someone is arrested on warrants and go to jail and they have a dog with them what happens to the dog. In Lancaster Co
Peter Munsing's answer
See if the owner can pick it up. Otherwise, drop it off at the animal shelter.
See if the owner can pick it up. Otherwise, drop it off at the animal shelter.
Q: I have a dog that my ex will not let me see but she is microchipped to me? What are my rights?
Terrence H Thorgaard's answer
Is this "ex" an ex-spouse, or ex-"significant other". If it's the former, the dog should have been awarded to one of you in the dissolution. If the latter, sue the ex for replevin (possession of personal property).
Is this "ex" an ex-spouse, or ex-"significant other". If it's the former, the dog should have been awarded to one of you in the dissolution. If the latter, sue the ex for replevin (possession of personal property).
Q: Hello I want to sue my old neighbors and their landlord for a dog attack. Also possibly the county.
Matthew Williams' answer
This is mostly in the realm of person injury. I wouldn't get your hopes up about suing the county. They have qualified immunity.It is also unclear how this dog incident could have cost you your job, other than perhaps a criminal charge you faced as a result of the incident, which again, I wouldn't get my hopes up trying to sue the county.
This is mostly in the realm of person injury. I wouldn't get your hopes up about suing the county. They have qualified immunity.It is also unclear how this dog incident could have cost you your job, other than perhaps a criminal charge you faced as a result of the incident, which again, I wouldn't get my hopes up trying to sue the county.
Q: My ex is threatening to file a writ of possession & take my dog away from me. Can he do this? It is 100% my dog.
1 Answer
| Asked
in
Animal / Dog Law, Civil Litigation and Family Law
for
California
on
Answered on Sep 17, 2016
Answered on Sep 17, 2016
Andy Chen's answer
I'm not sure about his claim to the dog. If you weren't married, I'd say he couldn't claim the dog as community property. If he didn't contribute financially to the care or feeding of the dog, then he has no sweat equity rights to the dog. A writ of possession is also not a simple form any one can file. The writ is what you can get once you demonstrate to a judge's satisfaction that you have a right the law recognizes in a piece of property. I'm not clear on how your ex would prove he has any...
I'm not sure about his claim to the dog. If you weren't married, I'd say he couldn't claim the dog as community property. If he didn't contribute financially to the care or feeding of the dog, then he has no sweat equity rights to the dog. A writ of possession is also not a simple form any one can file. The writ is what you can get once you demonstrate to a judge's satisfaction that you have a right the law recognizes in a piece of property. I'm not clear on how your ex would prove he has any...
Q: Dog broke off chain, went after dog that had previously injured said dog. Dog walker tried to break dogs apart.
Peter Munsing's answer
each person should contact their insurance. Odd that a chain would "break." Whoever's chain it was should keep it as that may be someone to be added to the case. Each person is responsible for keeping their dogs under control. Let the insurance company handle it is the next step.
each person should contact their insurance. Odd that a chain would "break." Whoever's chain it was should keep it as that may be someone to be added to the case. Each person is responsible for keeping their dogs under control. Let the insurance company handle it is the next step.
Q: Can I sue my neighbor for bullying me into getting rid of my dog.when i did the dog tried to come home and got hit.
Peter Munsing's answer
No. No pain and suffering for loss of pet in most states if not all. But consult a member of the Alabama Assn for justice--they give free consults.
No. No pain and suffering for loss of pet in most states if not all. But consult a member of the Alabama Assn for justice--they give free consults.
Q: Do I have rights to sue/warn owner of dog which came running towards me outside their house?
2 Answers
| Asked
in
Animal / Dog Law, Civil Rights and Personal Injury
for
California
on
Answered on Sep 13, 2016
Answered on Sep 13, 2016
Andy Chen's answer
It doesn't sound to me you have a case. A dog ran at you and barked. You say you're afraid, but unless you can prove an injury of some kind, it could be argued that you're simply a thin-skinned opportunist. I'm not trying to rain on your parade, but that's a realistic possibility you'll face if you try to sue the owner. If the dog had bitten you, that'd be different as you would have an injury along with medical bills, etc and my answer would be different.
It doesn't sound to me you have a case. A dog ran at you and barked. You say you're afraid, but unless you can prove an injury of some kind, it could be argued that you're simply a thin-skinned opportunist. I'm not trying to rain on your parade, but that's a realistic possibility you'll face if you try to sue the owner. If the dog had bitten you, that'd be different as you would have an injury along with medical bills, etc and my answer would be different.
Q: My dog was poisoned with anti freeze she died.
Matthew Williams' answer
Unfortunately, there is little you can do here but occasionally check in with the police or investigate the matter yourself (which may not be a safe course of action). The police have limited resources and plenty of crimes to investigate. Therefore, they also have the right to decide how best to allocate their resources.
Unfortunately, there is little you can do here but occasionally check in with the police or investigate the matter yourself (which may not be a safe course of action). The police have limited resources and plenty of crimes to investigate. Therefore, they also have the right to decide how best to allocate their resources.
Q: If my dog kills a sheep, am I liable for the purchase price of the sheep?
Andrew Spainhower's answer
Obviously the answer can change given a variety of variables, however, it is likely that the dog owner will need to pay the sheep owner the value of the sheep.
Obviously the answer can change given a variety of variables, however, it is likely that the dog owner will need to pay the sheep owner the value of the sheep.
Q: How do I get justice for my dog?
Matthew Williams' answer
First and foremost, did they find any drugs? Second, have you thought about getting a lawyer for your sons? The police don't exactly give up just because they come up empty on a search. Third, you may be able to sue the city for the loss of your dog. Someone would have to research the relevant policies, and compare them with policies and case law from elsewhere to determine if you have a viable case on that. You should be aware, before you pay for such things, that it may be difficult to put a...
First and foremost, did they find any drugs? Second, have you thought about getting a lawyer for your sons? The police don't exactly give up just because they come up empty on a search. Third, you may be able to sue the city for the loss of your dog. Someone would have to research the relevant policies, and compare them with policies and case law from elsewhere to determine if you have a viable case on that. You should be aware, before you pay for such things, that it may be difficult to put a...
Q: My sister is getting a divorce and he's trying to take back all the gifts he ever gave her including two guns her engag
John Arthur Smitten's answer
Gifts during the marriage are marital assets so you have to sort this out in court. You should hire a lawyer to assist you with the case.
Gifts during the marriage are marital assets so you have to sort this out in court. You should hire a lawyer to assist you with the case.
Q: Soon-to-be ex had my 9yr old dog put to sleep at the vet without my knowledge or permission. Can I sue her?
Peter Munsing's answer
None of the above. If the dog went to the vet and was put to sleep I assume the vet had a reason. They aren't in the business of euthanizing dogs. She had equal right to the dog, so I don't see a suit. Even if you could bring one the law views loss of a pet as loss of the economic/market value of a pet of that breed or mix, of that age and health. So you'd get maybe $100. No you don't get to claim loss of pet companionship. Check with a Tennessee Lawyer or your divorce lawyer but that's the...
None of the above. If the dog went to the vet and was put to sleep I assume the vet had a reason. They aren't in the business of euthanizing dogs. She had equal right to the dog, so I don't see a suit. Even if you could bring one the law views loss of a pet as loss of the economic/market value of a pet of that breed or mix, of that age and health. So you'd get maybe $100. No you don't get to claim loss of pet companionship. Check with a Tennessee Lawyer or your divorce lawyer but that's the...
Q: should the pet policy be clearly stated in the lease agreement?
1 Answer
| Asked
in
Contracts, Animal / Dog Law and Landlord - Tenant
for
Minnesota
on
Answered on Sep 2, 2016
Answered on Sep 2, 2016
Joseph A. Gangi's answer
You need written consent -- but you won't get written consent without paying the $200. If you have a pet without written consent, that would be considered violating the terms of your lease and could be grounds for eviction.
You need written consent -- but you won't get written consent without paying the $200. If you have a pet without written consent, that would be considered violating the terms of your lease and could be grounds for eviction.
Q: I signed a paper saying if I could no longer keep my dog I have to return it back to them then with my initials after .
Joseph A. Gangi's answer
It sounds like you signed a contract. You should seek the advice of a contract attorney to review the contract and assess your rights and obligations under it, and also potential consequences for breaching the contract.
It sounds like you signed a contract. You should seek the advice of a contract attorney to review the contract and assess your rights and obligations under it, and also potential consequences for breaching the contract.
Q: Can I sue animal control? Or is there something I can do at all??
Peter Munsing's answer
Technically they may have violated the law by taking property--even if they claimed it was due to emergency circumstances.
Suggest you see if there is an animal rights lawyer in yor state you can speak with. Groups dealing with animal protection issues would be the best source. Ideally, if you have a vet record for the dog not too long before this happened, and it shows the dogs weight was about what it was when she was taken, that would protect you from accusations of not feeding.
Technically they may have violated the law by taking property--even if they claimed it was due to emergency circumstances.
Suggest you see if there is an animal rights lawyer in yor state you can speak with. Groups dealing with animal protection issues would be the best source. Ideally, if you have a vet record for the dog not too long before this happened, and it shows the dogs weight was about what it was when she was taken, that would protect you from accusations of not feeding.
Q: how much Trouble could I get in from taking someone's dog from Michigan to Kentucky?
Kristin Michelle Russell's answer
Dogs are personal property in the eyes of the law, so this would be a theft, but the theft you would be committing would actually occur in Michigan, so this is a question that should appear in Michigan criminal law questions.
Dogs are personal property in the eyes of the law, so this would be a theft, but the theft you would be committing would actually occur in Michigan, so this is a question that should appear in Michigan criminal law questions.
Q: someone asked to pet my dog and they got bit
Peter Munsing's answer
Not unless you were aware that your dog would bite anyone who was strange.
I do suggest you notify your homeowners. If the person ask for shot records give them.
Not unless you were aware that your dog would bite anyone who was strange.
I do suggest you notify your homeowners. If the person ask for shot records give them.
Q: My ex has our dog but my name is on the paper work for the vet can I get her back if he has noise complaints about her
Peter Munsing's answer
You'd need to work that out with him. Generally, if both are registered owners then dog is jointly owned. On split if one person is given the dog it's viewed as either a gift or agreed upon split. Dogs are viewed by the law as property--like a table.
You'd need to work that out with him. Generally, if both are registered owners then dog is jointly owned. On split if one person is given the dog it's viewed as either a gift or agreed upon split. Dogs are viewed by the law as property--like a table.
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