James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're dealing with a frustrating situation with your neighbors' dogs. Let me break down the legal aspects of your question:

1. Barking dogs:

Excessive dog barking can often be considered a nuisance under local noise ordinances. Since you've already... View More

A North Carolina attorney could advise best, but your question remains open for a week. As a general matter, the answer is yes. Pesticide or herbicide application in many jurisdictions requires certain safety protocols, sometimes involving a certified applicator license (depending on substance and... View More

Giving your dog to someone else is typically considered a "gift." In North Carolina, most gifts are considered "irrevocable." (In other words, the giver can't just take back a gift once given).

An exception to this general rule is when a gift comes with... View More

Generally, the best option in this situation is to start by contacting the appropriate government authority, such as animal control. Trying to take matters into your own hands could potentially result in civil claims and/or criminal charges. If you have questions about your specific legal rights... View More

In North Carolina, the owner of a dog that injures a person could be liable for the injured party's "damages," such as medical bills. However, there are several types of law that could be at play, and each one is a bit different. For example, the general rule under North Carolina... View More

Like most US states, North Carolina does not allow you to directly sue another person’s automobile insurance company.

You would have to sue the owner of the dog.

It is also unlikely that the owner’s automobile insurance covers an attack by their pet. That type of occurrence is... View More

It depends on several factors, but commonly, yes.

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2023

Laws on animal confiscation due to abuse or neglect vary by jurisdiction. Generally, authorities can take animals they believe are being abused or neglected, but they must adhere to legal procedures, which often require a warrant or court order.

Tell the police who has your dog and that they are holding it for ransom.

Probably not, and pitbulls aren't considered to be an unusually aggressive breed toward humans.

Collect the poop. Store it. Then deliver it all back to his front porch

You have a claim against the dog owner for negligence and strict liability. Most homeowners insurance policies nowadays do not cover animal attacks unless the insured has purchased an animal attack insurance rider. Contact a North Carolina personal injury attorney for representation to get out a... View More

If she paid for the dog and it was delivered to her, then they have almost no chance of being able to force you to return the dog.

If he gave you the dog then it’s yours. Hopefully you have text messages or something of this gift, otherwise it might be possible he could take the dog back. But he’d have to sue you in court and win and it sounds like he doesn’t really have the bandwidth to do that.

You might want to see if you can contact the chief of police to bring this situation to his/her attention. Otherwise, you’ll have to sue in replevin to get your dog back.

Depends on the local municipal code, but given the facts that you stated, yes it is likely that your neighbor would be responsible for all damage to your property (dog). I would suggest pressing criminal charges, as that is the best way to actually recover money in NC.

I would have to read the municipal codes for Raleigh to know for sure, but as a general rule, you are allowed to defend yourself if you reasonably feel threatened. My strong suspicion is that you would be fine as long as you could reasonably claim you were defending yourself, sister, or your dog.

Your local municipal law will likely govern what your responsibilities are regarding your animal. But frequently after a certain time animals must be kept on a leash and if the dog is on your neighbors property he may be able to shoot it claiming self defense. This claim will be hurt by the fact... View More

This is semantics, but you can't sue someone for "custody" of a dog, but instead she could bring a small claims court action seeking the return of personal property (the dog). It is easy to get into small claims court, so I don't see any standing defenses being an issue here.... View More

There's no reason why you can't give a dog away to another good home. If there are restrictions on breeds where the person who is going to accept the dog lives, that would be their responsibility/liability. But, because the dog ends up being the victim in those sorts of situations, it... View More