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...
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...
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.
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).
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...
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.
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.
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.
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...
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.
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.
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...
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.
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.