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Animal / Dog Law Questions & Answers

1 Answer | Asked in Animal / Dog Law for New York on

Q: I let a friend hold my dog I want her back but he refuses to give her back to me he got a microchip without my consent

I let him hold my dog while I was having family issues now he refuses to let me see her or get her, I have a notarized letter from the person I bought the dog from is it worth going to court to get her back? Or would I be wasting my time , I have a order protection against the friend due to a fight... Read more »

Benjamin Z. Katz answered on Jul 20, 2019

If he is refusing to give you back the dog you can bring a civil action to get it back or to recover the out of pocket expenses you incurred. However, it is best to retain an attorney and expect it to cost a minimum of few thousand dollars in legal fees and court costs. I am handling a matter now... Read more »

1 Answer | Asked in Animal / Dog Law for Louisiana on

Q: If I been taking Care of a Neighbors dog for months can I get ownership of the dog?

Ellen Cronin Badeaux answered on Jul 20, 2019

No it's like borrowing someone's car

It doesn't make it yours.

1 Answer | Asked in Animal / Dog Law for Florida on

Q: My dog was given away without my consent 2 years ago - I have been trying to get her back but they refuse - can I sue?

I bought my dog in 2008 and she lived with my wife and I from 2008-2015. My wife and I split up but on good terms and I left her with my wife to look after her when I had to go to england for medical care in 2016 In 2017 when i returned she had given the dog to her boyfriends dad without my... Read more »

Terrence H Thorgaard answered on Jul 20, 2019

Yes, you can sue for replevin (return of personal property). If your ex simply took the dog from her boyfriend's dad, that wouldn't be breaking the law and probably wouldn't be prosecuted criminally, assuming she can prove it belongs to you.

1 Answer | Asked in Animal / Dog Law for California on

Q: What happens if my dog jumped on someone and accidentally scratched someone which drew blood ? What can I do?

She jumped the fence

She has never done anything like that

William John Light answered on Jul 19, 2019

Depends. You are strictly liable for injuries caused by a bite. If the scratch was from a bite, then you are responsible. If the scratch was from a paw, or from falling, then you are responsible if you were negligent in the control of your dog. It is likely that a jury would hold you... Read more »

1 Answer | Asked in Animal / Dog Law for New York on

Q: can Someone claim a dog after a year even though no microchip and new owners have chipped registration and vet bills?

While walking dog which daughter had found over a year and vet checked for microchip twice

A women screamed you stole my dog!

Police came and pulled leash from daughters boyfriend and beloved dog gone. Do they have right to get dog back

Benjamin Z. Katz answered on Jul 18, 2019

If someone proves that they are the owner and that the dog was taken from them without permission they will be able to claim it for some time. If you want to challenge their claim you would need to litigate. I can go over the process with you.

1 Answer | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for Maryland on

Q: Someone ran over my dog... Can they sue me for car damage?

Our dog was let outside (we live on a farm), she was unleashed. She ran out into the road and a speeding truck had run her over. He did not call the police. Our dog was taken to the vet immediately and stitched up (the vet bill was over $700). She was told she had a high chance to live but... Read more »

Mark Oakley answered on Jul 18, 2019

I am very sorry about your dog. Sadly, some people can have no sympathy whatsoever. Unfortunately, as owners of your dog, it is your obligation to maintain it under control and not allow it to run loose across traffic. The people should submit their claim to their car insurance, but legally, they... Read more »

1 Answer | Asked in Animal / Dog Law for Kentucky on

Q: My neighbor feeds around 20 cats. They keep having kittens. They crap and lay in my flower beds. She says their not hers

What can I do to get rid of them. They also walk all over my new car. The animal control says they have to many cats now and have no room for them. Sorry nothing they can do. Now what?

Timothy Denison answered on Jul 17, 2019

Take them to Louisville Metro Animal Services.

1 Answer | Asked in Animal / Dog Law for Ohio on

Q: Is it legal for someone to ask for a rehoming fee for a cat/dog in Ohio?

Taylor P Waters answered on Jul 16, 2019

Absolutely. It is a good practice to ensure the animal is being adopted by someone who has enough income to prospectively take care of it. It also may deter people who are looking for a free animal to abuse or exploit. Rehoming fees tend to be best practice.

2 Answers | Asked in Animal / Dog Law for California on

Q: My neighbor leaves their dog out in the patio even when the temperatures gets to triple digits. Should I report it?

I recently moved into an apartment. Every time I walk towards my parking area I would pass my neighbor’s patio. Their dog would always bark every time someone walks by but today I noticed it didn’t and looked like it was suffering from the weather. Even though he was under a shade the heat was... Read more »

William John Light answered on Jul 15, 2019

Call Animal Control. It will let you know if you can make an anonymous report.

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1 Answer | Asked in Animal / Dog Law for Colorado on

Q: Can I sue a person for false statement?

So I rehome my daughter's dog and the guy who paid a small rehoming fee told me he was going to keep me updated in how they are doing. But when I messaged him he told me that he was going to send me pictures and decided not to. I sent him another message and he didnt replied. I'm afraid he is using... Read more »

Kristina M. Bergsten answered on Jul 15, 2019

You can sue him for breach of contract and try to get the dog back.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Florida on

Q: Me and my boyfriend purchased a dog. I recently left him because he's abusive to me and the dog

Can I legally take the dog and not get arrested? He originally paid for him... he's not registered... I pay for all the vet bills toys and food. I care for the dog. The only thing he has with his name on it was when we bought the dog, the papers to register him, but he never was. Can he have me... Read more »

Henry George Ferro answered on Jul 13, 2019

This not a criminal law question; this is a civil matter...sounds like the dog is a gift.

1 Answer | Asked in Animal / Dog Law for Kentucky on

Q: Can I sue someone to return my dog someone else gave away?

I had two dogs that were from the same litter. The first dog, I still have, I got at 6 weeks old and then the second dog I got from 8 weeks, they're again siblings. I had both up until 3 months ago when my mother gave away my second dog via facebook. The only transaction made was $40 in exchange... Read more »

Timothy Denison answered on Jul 13, 2019

If you have proof that the second dog was yours (ie vet records, registration papers etc), you can sue the woman and probably get the dog back.

1 Answer | Asked in Animal / Dog Law and Domestic Violence for Texas on

Q: My Girlfriends mom could be going to jail for “abusing” her dog when it was abused by his previous owner

The dog was abused by his previous owner and they took care of him. Sadly he didn’t get any better and now they are trying to get her in jail for abusing the dog. They have clue where the actual owner is. Can they really put my girlfriends mom in jail for such accusation? Again, they payed for... Read more »

Kiele Linroth Pace answered on Jul 12, 2019

You can be arrested for assaulting the Tooth Fairy if an officer convinces a judge that there is "probable cause" to believe you did it. However, they would need proof "beyond a reasonable doubt" to actually win a conviction so if she fights the charge and tells her side she has a chance. If she... Read more »

1 Answer | Asked in Animal / Dog Law for Louisiana on

Q: Hey if my dog was hit and killed by a company car speeding through a residential area failed to stop at stop sign? W2D

What to do

Ellen Cronin Badeaux answered on Jul 12, 2019

File suit in justice of the peace court. They have forms for you.

1 Answer | Asked in Animal / Dog Law for California on

Q: My neighbor's dog had puppies in my house. I provide all care and most financial. Who owns the puppies legally?

The owners provide some financial help but have not been very good to the mother of the dog. They pay for food and some puppy training pads. I care for them 24/7 and have since they were born. Initially they said to keep all the pups and they just wanted the mom back but once they saw the... Read more »

William John Light answered on Jul 11, 2019

There is no legal theory that would give you ownership of puppies because they were born in your house. If the mother isn't yours, neither are the puppies. However, if they gave you the puppies, i.e., said "keep them", then they made a gift. Completed gifts cannot be revoked, so I would say that... Read more »

1 Answer | Asked in Animal / Dog Law for New York on

Q: Do I go through small claims court to get a dog back?

I know the person personally. I give them the dog for a few hours with written notice that the dog will be returned but the person won’t give him back. What do I do?

Benjamin Z. Katz answered on Jul 11, 2019

If you are the registered owner and the person is refusing to return it, you should call the police. Since a dog is considered property under the law this is considered theft.

1 Answer | Asked in Animal / Dog Law for New York on

Q: Do I have a case for a stolen dog?

I purchased a dog with an ex but was not able to shelter him. He give me the dog and i have been taking care of him for over a year now. The dog is now 2. He recently asked to see the dog and now he won’t give him back. All of the dog medical records are in my name, grooming receipts, amongst... Read more »

Benjamin Z. Katz answered on Jul 11, 2019

If you ex is the registered owner of the dog you cannot claim that it was stolen. If ownership was transferred to you then you have a case. If your ex is abusing or mistreating the dog that may be grounds to have it removed from his custody.

You may be able to recover for the money that...
Read more »

2 Answers | Asked in Animal / Dog Law for California on

Q: Can I get reimbursed for vet expenses when neighbor dog killed and injured two of dogs.

The neighbor dog came out of house gate and attacked my dogs, killing one and injuring my other dog.

William John Light answered on Jul 11, 2019

Yes, you can. Dog owners are responsible for injuries caused to another dog if they were negligent in failing to control their dog. Here, it appears that the dog owner was in violation of your local leash law, since his dog escaped his property. Present copies of your receipts to your neighbor... Read more »

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1 Answer | Asked in Consumer Law and Animal / Dog Law for California on

Q: My sister left her dog at my mom's. How long does she have to keep him before she can rehome him.

MGMT Has said no more pets. My mom is disabled and he is a big dog that needs to go in and out. My mom struggles to do this daily. Also the dog does not get along with the other pets. My sister has been informed via txt to pick up her dog. She has not responded.

William John Light answered on Jul 10, 2019

Ordinarily, you are under no obligation to keep any other person's animals for any period of time. If she agreed to do so, or accepted money for doing so, that would be different. If she no longer want to, or cannot serve any longer, she should notify her daughter in writing that she will... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on

Q: I SURRENDERED MY DOG TO A HUMANE SOCIETY ON SATURDAY SUNDAY MORNING A FRIEND TEXT ME AND SAID THEY WANTED TO ADOPT HIM

SO I ASKED THE HUMNE SOCIETY TO GIVE HIM BACK TO ME SINCE HE HAS NOT BEEN PUT UP FOR ADOPTION YET. THEY REFUSED IS THIS LEGAL?

Taylor P Waters answered on Jul 10, 2019

Yes, unfortunately. When you surrendered your dog the humane society became his "owner." They have no duty, generally, to give him back.

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