California Animal / Dog Law Questions & Answers

Q: Gave dog away 3 months ago but no paperwork filed. Now Dog caused a motorcycle accident. Who is responsible for damages

1 Answer | Asked in Animal / Dog Law, Car Accidents and Personal Injury for California on
Answered on May 16, 2019
William John Light's answer
Unclear how a dog caused a motorcycle accident. If this was a biting incident, the owner is strictly liable. If the person in control of the dog is not an owner, then the injured person would need to prove that the person in control was negligent, while the owner would still be strictly liable.

If the accident happened through other means, injured persons would need to show that the dog owner was negligent (dog off leash, etc.), and/or that the person in control of the dog was...

Q: My cat gouged her eye on a faulty private labeled Petco toy and is now blind in that eye. What action can I take?

1 Answer | Asked in Animal / Dog Law for California on
Answered on May 14, 2019
William John Light's answer
If you prevail, you are entitled to recover the veterinary bills you incurred to care for your cat. You are not entitled to lost wages, commissions or profits.

Q: How do I get my dog back from a local business who found it after it escaped from my yard?

2 Answers | Asked in Animal / Dog Law for California on
Answered on May 7, 2019
William John Light's answer
First, make a demand upon the owners of the business that it, or its employees, return your dog. If your demand is refused, you can bring a Small Claims action.

If you could convince a Small Claims judge that the dog found by the business is your dog, you can recover the value of the dogs and/or its return. If you sue, bring all evidence that the dog is yours (veterinary records, records of the terms of your adoption/purchase, photos, etc), along with some kind of proof of value...

Q: Dog attack another dog. What is the owner's financial responsibility?

2 Answers | Asked in Animal / Dog Law for California on
Answered on May 7, 2019
Manuel Alzamora Juarez's answer
YOU SHOULD TURN YOUR CLAIM TO YOUR INSURANCE COMPANY. BEST OF LUCK

Q: What r the laws when it comes to the death of a dog that lives in a breeding facilitg

1 Answer | Asked in Animal / Dog Law for California on
Answered on May 6, 2019
William John Light's answer
You can contact Animal Control with your concerns. http://wp.sbcounty.gov/dph/programs/acc/animal-laws-welfare/animal-neglect/

People who do this also frequently seem to have problems caring for their living animals. I am not aware of regulations or laws prohibiting that practice specifically, but if that practice is accompanied by a failure to properly care for the living animals on the property, then Animal Control should be involved.

Q: If I am being attacked by someone and I tell my dog to attack is that legal? What is my dog attacked w/out me tellling?

1 Answer | Asked in Animal / Dog Law for California on
Answered on May 4, 2019
William John Light's answer
This site isn't for the purpose of answering your curiosities. Attorneys volunteer their time and expertise to people with real problems.

Q: Lost and Found Pets: What laws apply to individuals who have found a loose cat or dog? Assume it is someone's lost pet.

1 Answer | Asked in Animal / Dog Law for California on
Answered on May 1, 2019
William John Light's answer
You are supposed to return it to the owner, and if the owner cannot be found, surrender the property to the police (or in this case Animal Control). You can then legally adopt the dog from Animal Control after 6 days (confirm with the shelter the adoption procedures).

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2080.&lawCode=CIV

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2080.1.&lawCode=CIV...

Q: If your dog died from dog treats it ate because they put chemicals in it to keep it moist what can you do?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Apr 30, 2019
William John Light's answer
Maybe. It depends on what caused the reaction. If your dog has a known allergy, you are responsible for taking precautions and the seller is not expected to warn against them. If your dog had an individualized reaction to a product, the seller is not responsible. If there was an ingredient which you would not reasonably expect to see in dog food, then the seller might be responsible.

The Rule of the Restatement (Second) of Torts, § 402A governing strict liability to allergic users is...

Q: Pet Law

1 Answer | Asked in Animal / Dog Law for California on
Answered on Apr 26, 2019
William John Light's answer
Generally speaking, that would be legal. However, it may depend on the climate outside. If it's 120, a place outside with shade isn't safe or humane. If you are in the Mountains and getting 36" of snow, it may not be safe or humane. Also, the dog cannot be staked to the ground with a chain. The dog must have an enclosed space (e.g., backyard) with a secure fence.

Q: Dog sitter won't give dog back, how can we go about retrieving back our dog?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Apr 25, 2019
William John Light's answer
You can sue for the value of the dog, or for an Order for Return of Property. Unless your dog is worth $3,000, you won't get that. The amount you spent for a prior dog sitter is completely irrelevant. Be advised that, ordinarily, the dog sitter has a lien on the dog for the value of the dog sitting services and would not have to return the dog until paid. However, your dog sitter apparently agreed to provide the services for free so perhaps that doesn't apply.

Sue in Small Claims...

Q: In the state of California if a dog is microchipped to me can the previous owner of the dog get the dog back?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Apr 24, 2019
William John Light's answer
Of course they can. If you microchipped someone else's dog, that doesn't make you the owner. What's missing are the entire set of facts under which you acquired the dog and claimed ownership. If those facts aren't persuasive, the dog belongs to the original owner.

Q: How and can I get my dog back that I relinquished to animal services?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Apr 16, 2019
William John Light's answer
It's not your dog anymore. You would have to go through the normal adoption procedures that everyone else does.

Q: I live in Ca. & my dghtr, (w/our leashed Puppy), rang a d/bell & was greeted by a pitbull taking our dogs neck swinging

2 Answers | Asked in Animal / Dog Law and Personal Injury for California on
Answered on Apr 15, 2019
Dale S. Gribow's answer
more info needed.

what were you doing at the house?

were you invited?

trick or treating?...........selling girl scout cookies.....

in other words were you invited there?

i would contact an accident lawyer in your community for guidance.

Q: my puppy was bit in the face by another dog in a dog friendly brewery and the owners refuse to pay the vet bills

1 Answer | Asked in Animal / Dog Law for California on
Answered on Apr 14, 2019
William John Light's answer
Strict liability applies only to dogs biting humans. Dog versus dog bites require a showing of negligence. By your own admission, the bite happened without warning, and after your puppy went up to the retriever. In other words the retriever owner had no warning that his dog would bite. In the absence of evidence that the retriever was previously aggressive to other dogs, there is no evidence of negligence by the owner of the retriever. You, however, are potentially negligent since you did...

Q: I was wondering about the carry legalities of Spears in CA. Do I need permits/certification/job necessity to carry them?

1 Answer | Asked in Consumer Law, Animal / Dog Law and Entertainment / Sports for California on
Answered on Apr 12, 2019
William John Light's answer
Hunting opportunities in this state with a spear and/or atlatl are limited. No big or small game species could legally be taken with one. However, animals that are classified as "non-game" species could be (coyotes, rodents, opossum, etc). You would first need to obtain a hunting license. Confirm with your local Fish and Game Warden, or a local attorney, and consult local city and county ordinances.

See:

Mammal Hunting Regulations, sections 353-354 & 475:...

Q: If a vet said he wanted to compensate for what both my dog and I went through. Is that not a legal verbal contract?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Apr 11, 2019
William John Light's answer
Probably not. That is too vague to enforce. Further, you aren't entitled compensation beyond the expense to repair/treat the injury to your dog. Your dog is considered property and there is no emotional distress recovery for damage to property. As a result, any promise to compensate you, beyond the expense to repair/treat your dog, is a promise to make a gift, and promises to make gifts are not enforceable.

Q: the pound took my cats and won't give them back

2 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Rights for California on
Answered on Apr 8, 2019
Dale S. Gribow's answer
more info needed.

did you turn them into the pound or they forcefully took them from you?

what do they say is the reason?

Q: Can I get a ticket for someone else dogs if we live in the same house

1 Answer | Asked in Animal / Dog Law for California on
Answered on Apr 7, 2019
William John Light's answer
Unclear if you got a fine or a warning to vaccinate. If it's the former, you or an attorney will need to read the ordinance on which it is based. It might apply to property owners on which the dog is located, or just to dog owners. If it only applies to dog owners, you will need to go to court to fight it by proving that the dogs aren't yours. Frankly, that's a pretty easy defense to fabricate and I suspect that it won't be automatically believed. Your chances of success would go up...

Q: Can animal control take my dogs from private property, impound them and charge me and preform surgery if I dont consent?

1 Answer | Asked in Animal / Dog Law, Contracts and Personal Injury for California on
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
The county animal control shelter is doing its job protecting the entire community, as well as helping your dogs stay alive. They have been given extensive powers in doing so, powers which cannot be overturned without expensive litigation. As a homeless person you first concern should be you; unless you find a suitable home you may not ever see your two dogs again.

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