Animal / Dog Law Questions & Answers

Q: Can you adopt a pet if the owner goes to jail?

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Mar 15, 2019
Kristina M. Bergsten's answer
Technically, under these facts, the answer is no. If the dog was taken to a shelter, then ownership would sever after 5 days under Colorado statute. However, for an individual person, the abandoned property kicks in after 5 years. So, technically, unless this guy sells the dog to you or agrees to gift the dog to you, he still retains ownership, in spite of his circumstances. However, with everything going on in his life, he might agree to give the dog to you or not ask at all.

Q: Can a cop give someone else my dog

1 Answer | Asked in Animal / Dog Law for California on
Answered on Mar 15, 2019
William John Light's answer
I think you are leaving out a lot of details that might affect the answer to your question.

Q: I live outside of city limits where no leash laws apply to dogs My dog was ran over and killed can I sue driver.

1 Answer | Asked in Animal / Dog Law for Missouri on
Answered on Mar 14, 2019
Ronald J. Eisenberg's answer
First, I'm sorry to hear that about your puppy's fate. As to your legal situation, I don't know what you mean by stating that the driver is "trying" to sue you. Either a case has been filed (if so, you must defend it) or there has been no lawsuit. Check Casenet. If you've been sued, you could file a counterclaim. If you haven't been sued, you could file in small claims court but expect to catch a counterclaim for at least $3800. You can represent yourself in small claims court or you may...

Q: City I just moved to...and signed a year lease....has a pit bull law bannng them...I have a mixed breed and

1 Answer | Asked in Animal / Dog Law for Missouri on
Answered on Mar 14, 2019
Ronald J. Eisenberg's answer
Here's what the ADA website, https://www.ada.gov/regs2010/service_animal_qa.html, states:

Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?

A. No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that...

Q: My sister abandoned her dog and she called the police and said that I'm holding her dog against her

1 Answer | Asked in Family Law and Animal / Dog Law for Idaho on
Answered on Mar 14, 2019
Kevin M Rogers' answer
Your sister is full of it. You don't need to give her dog back, she abandoned it. 90 days, whether or not it is raining or snowing, is plenty of time to come get a dog that you claim you want back. So, if you don't want the dog, just take it to the pound and tell sister that I DARE HER to sue you over the dog!

Q: I found a little dog in front of my house five months ago she was being attacked by a pit bull I got her and took her

1 Answer | Asked in Animal / Dog Law for California on
Answered on Mar 14, 2019
William John Light's answer
You have no right to form a bond with someone else's dog. You were obligated to attempt to return the dog to its rightful owner and took no effort to do so.

Q: My boyfriend and I each have an esa dog and each have an additional dog. Is this allowed in Denver since half are esa?

2 Answers | Asked in Animal / Dog Law for Colorado on
Answered on Mar 13, 2019
Kristina M. Bergsten's answer
ESAs do not have the same protections as service animals so it depends on what purpose you’re asking this question. For zoning/code reasons or for rental/housing reasons? Generally, ESAs are not considered as “pets” and so wouldn’t count as a dog for purposes of zoning/code regulations.

Q: My boyfriend and I break up we have two dogs and he wants one

1 Answer | Asked in Animal / Dog Law for Florida on
Answered on Mar 13, 2019
Terrence H Thorgaard's answer
Since you aren't married, a divorce settlement (including equitable division of property) is not an option. It depends on which of you owns the dogs. Who paid for them?

Q: Is there a statute of limitations for animal cruelty in South Carolina?

1 Answer | Asked in Animal / Dog Law for South Carolina on
Answered on Mar 13, 2019
Carole Jean Hayes' answer
Absolutely call the police and the humane society. There is no statute of limitations on doing either.

Q: Can an ex keep a dog that was given as a gift? It's the ex's name but was a gift.

1 Answer | Asked in Animal / Dog Law for Oklahoma on
Answered on Mar 12, 2019
Kyle Persaud's answer
Were you ever married to the ex?

If you were married to the ex, then it depends on whether the dog was separate property or marital property. If the dog was separate property, then, the ex may keep the dog. If the dog was marital property, then you have a claim to the dog.

In deciding whether property is separate or marital, courts look to many factors surrounding the circumstances of how the dog was received. Because I do no know the exact circumstances, I cannot tell whether...

Q: I've had stray kitten for 6 months. Neighbors say it's his, do I have to give her to him? More info below

1 Answer | Asked in Animal / Dog Law for Kentucky on
Answered on Mar 11, 2019
Timothy Denison's answer
No. Unless he has vet records or some other indices of ownership.... the cat belongs to you. Possession is 9/10 of the law.

Q: i'm a tenant who has a dog and my landlord is scared he will be held liable if my dog bites someone.

1 Answer | Asked in Animal / Dog Law for Florida on
Answered on Mar 11, 2019
Terrence H Thorgaard's answer
Your landlord doesn't seem to understand how insurance works. See if you can get your insurance broker to explain it to him.

Q: Who is responsible the owner of the dog that is not home but the dog gets out or the person who answers the door

1 Answer | Asked in Animal / Dog Law for Oklahoma on
Answered on Mar 11, 2019
Kyle Persaud's answer
If the dog caused any damage, I think both the owner, and the door answerer, can be held responsible.

Q: My wife offered to watch my friends dog while we went on deployment. While watching the dog he destroyed the house

1 Answer | Asked in Animal / Dog Law for California on
Answered on Mar 9, 2019
William John Light's answer
Tell your friend that you will have to surrender the dog to Animal Control or a shelter by a specific date because you can no longer care for it for the reasons you described. If he hasn't made arrangements by that date, surrender the dog.

Q: I was given a citation for rs 3.2771 and at the time of arrainment criminal property damage of personal property of 500

1 Answer | Asked in Animal / Dog Law for Louisiana on
Answered on Mar 8, 2019
Ellen Cronin Badeaux's answer
Get a consultation with a criminal attorney because you don't give enough details.

Q: Dog injured in hit/run. Police say it's not personal property. How do I prove it is, in FL? Statute?

1 Answer | Asked in Personal Injury, Animal / Dog Law, Car Accidents and Civil Litigation for Florida on
Answered on Mar 6, 2019
Charles M. Baron's answer
Can't tell why you're asking - for insurance coverage purposes? A dog that you own is your personal property, and you may sue the driver and owner of the vehicle that struck your dog for your vet bills, and if your dog dies, for the fair market value of your dog. In some circumstances, you may also sue for your own emotional distress. But it sounds like you don't know who struck your dog. If you're wondering about whether any insurance policy of yours covers this, that depends solely on the...

Q: Is there any law against/penalty for a driver hitting a dog and leaving without stopping?

1 Answer | Asked in Animal / Dog Law for Kentucky on
Answered on Mar 6, 2019
Timothy Denison's answer
No, unless there is evidence that the accident was intentional or malicious on the part of the driver.

Q: Orange county California. Neighbor walks their dog on 30' leash and he urinates on flowed near front door! Is that ok?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Mar 5, 2019
William John Light's answer
Sounds like trespassing and a leash law violation. Los Alamitos Municipal Code § 6.16.100 requires that dog owners keep their dog on a leash when on any public street, park, or other public place. The leash cannot be more than eight-feet long and must be held continuously in the hands of a person capable of controlling the dog.

qcode.us/codes/losalamitos/?view=desktop&topic=6-6_16

You might consider nicely asking him to curb his dog. If that doesn't work get some video and...

Q: Was give bird and lady wants back after 10 months

1 Answer | Asked in Animal / Dog Law for Louisiana on
Answered on Mar 4, 2019
Ellen Cronin Badeaux's answer
You need to hire a lawyer to seek custody. A 15 year old's best friend should not be a bird; it should be another girl. The bird should be a "pet".

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.