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Florida Animal / Dog Law Questions & Answers
1 Answer | Asked in Estate Planning, Probate and Animal / Dog Law for Florida on
Q: What are my legal options with a signed will for a dog and home?

I've recently lost a friend who left me a small will a few years ago, bequeathing his dog and home to me. The will is signed and dated by him, as well as by a witness, but it is not notarized. I don't believe he has any immediate relatives, and I am not aware of any other formal wills. I... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 24, 2025

I am very sorry for your loss of your friend, please accept my condolences. You will need to have a probate attorney look at the Will in order to determine if it is valid and enforceable, generally it will need to have two witnesses and the signature of the testator (the deceased). The property... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: What are the legal implications if my dog bites someone despite warnings in Florida?

In Florida, my dog, who has a history of aggression, bit someone in a public area. The dog was on a leash and had a "do not touch" sign on the harness. I explicitly warned the person not to touch the dog, but they ignored my warning and were bitten, requiring medical attention. No... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 22, 2025

In the state of Florida, a dog owner is automatically liable for any damages that the dog caused to a third-party. If you own or rent property, your renters or homeowners insurance may provide a legal defense to any claim that is brought against you by the injured plaintiff. While a warning sign is... View More

2 Answers | Asked in Animal / Dog Law, Civil Litigation and Personal Injury for Florida on
Q: Can I sue for dogs killing my cat on my property?

Someone's dogs entered my property and killed my cat. We haven't found all our cats yet. The dog's owners were aware their pets were loose. We have not filed a report yet, but my mother heard the incident, and our neighbors have surveillance cameras that likely captured the event. We... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 21, 2025

Yes, for the fair market value of the deceased cat and any vet bills incurred due to the incident. Unless the cat is some kind of high-priced purebred, the FMV won't be much. Perhaps a monetary demand to the owner will result in amicable resolution, so that you won't need to sue.... View More

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2 Answers | Asked in Animal / Dog Law, Civil Litigation and Personal Injury for Florida on
Q: Can I sue for dogs killing my cat on my property?

Someone's dogs entered my property and killed my cat. We haven't found all our cats yet. The dog's owners were aware their pets were loose. We have not filed a report yet, but my mother heard the incident, and our neighbors have surveillance cameras that likely captured the event. We... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 21, 2025

Sure. But here's the thing. Unless your cats were a rare breed, there's no money in it. Cats are property, like a bicycle or a desk. You can't sue for pain and suffering or emotional distress regardless of how sad you are that the cats were killed. MAYBE you can sue for trespassing,... View More

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2 Answers | Asked in Animal / Dog Law and Gov & Administrative Law for Florida on
Q: Is it lawful for counties in Florida to impose licensing and yearly vaccinations for dogs but not for chickens or livestock?

I recently received a letter from my county stating that my dog license has expired and outlining a $75.00 annual fee because my dog is not spayed, even though I do not breed her. Additionally, the county requires yearly vaccinations and licensing since my vet reported the initial rabies... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Feb 21, 2025

The short answer is that chickens and other animals that are not mammals do not get rabies. Rabies is almost always transmitted by bites, thus the importance of vaccinating domesticated carnivore mammals (with teeth designed to bite and eat meat) as opposed to herbivores (with teeth designed for... View More

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2 Answers | Asked in Animal / Dog Law and Gov & Administrative Law for Florida on
Q: Is it lawful for counties in Florida to impose licensing and yearly vaccinations for dogs but not for chickens or livestock?

I recently received a letter from my county stating that my dog license has expired and outlining a $75.00 annual fee because my dog is not spayed, even though I do not breed her. Additionally, the county requires yearly vaccinations and licensing since my vet reported the initial rabies... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 21, 2025

These would be policy decisions by your County Commission and are lawful unless it can be shown they would violate the State and/or Federal Constitutions (and a Court would agree with that argument). If there were to be any constitutional argument (and I'm not saying there is), litigation... View More

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2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Florida on
Q: In Florida are landlords Liable for dog bites if they rent to someone with a dangerous breed dog(pitbulls etc.)?

I own a house that i rent in Miami dade florida.My tenant wants to get a dog. The dog is an aggresive breed (pit bull or dogo argentinian).Am I liable in case of a dog bite just because I allowed an aggresive breed or do i have to be aware that the dog acts aggresively regardless of breed in order... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 8, 2025

In Florida, a landlord is liable for any injuries that a third-party suffers due to a tenants dog attack. The third-party could pursue a claim against the landlord based on a theory of negligence, if the landlord knew or should’ve known that the dog had violent propensities. You should also call... View More

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1 Answer | Asked in Real Estate Law and Animal / Dog Law for Florida on
Q: We live in a 55+, gated community, which contains 2 separate communities. (2 different HOA's plus 1 common area HOA)

One community has declared that the other community is not allowed to walk their pets in their community. We all share a common road that provides ingress and egress to the entire development.

Is each community considered private or public land? If public, can such a restriction be enforced?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 31, 2025

An attorney would need to read the Declaration of Covenants, Conditions, Easements and Restrictions to determine if the HOA is overstepping its authority. HOAs generally have the ability to adopt reasonable rules and regulations as well as long as the rule has a legitimate business need. It may... View More

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Hi, my name is Jacqualine and the vet sedated my dog without my permission during euthinazion. It haunts me no good bye.

My dog was scared and alone with him for his last face he seen. I cant seem to rest easy anymore. Can i do something about this. My boy did not see my face last and me telling him how much i love him and both of us being comforted by each other during such a horrible time. Im so mad at myself for... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 9, 2024

As a dog parent myself, I am so sorry to hear about that. Sedation is a necessary part of euthanization, but if you're wondering if you can successfully sue the vet for money damages for your emotional distress caused by the vet rendering your dog unconscious while you were out of the room... View More

2 Answers | Asked in Animal / Dog Law for Florida on
Q: Someone stole my dog. I put up posters around the neighborhood offering a reward to anyone who returned it to me. One pe

Someone stole my dog. I put up posters around the neighborhood offering a reward to anyone who returned it to me. One person called me because they have my dog. They sent me real photos of the dog taken at the time of the conversation. They asked me for the reward before handing over the dog. When... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 4, 2024

Maybe they stole the dog, maybe not. But if they are not communicating with you because they want a "reward", they may be guilty of something.

Did they call you and send pictures of the dog by a cell phone? If so, you or the police can probably trace the call and identify them...
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1 Answer | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: Neighbours dog come and attacked my cat (now it’s disable), can I sue without video prove ?

I live on 2 acres property and neighbours dog keep coming lose and run a mile to my property to chase my cats. Yesterday after another visit of this dog I found my cat not able to walk outside. I took it to vet , it’s has been confided that cat was attacked and it’s has damaged nerves, so... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 23, 2024

The first logical step here would be to submit a demand letter to the dog owner to demand payment of the vet bills by a certain date, failing which you will take legal action. Such a letter will probably have more impact if done by an attorney. If there is neither any witness nor video, though,... View More

1 Answer | Asked in Animal / Dog Law and Constitutional Law for Florida on
Q: My girlfriend, let her friend watch , checked in rehab a week later lady gave it away. What can I do?

The lady that watched the dog encouraged my girlfriend to go to rehab that she’d watch the dog and that she was doing the right thing by going to rehab and getting herself clean and then a week later decided that she could take care of the dog and gave it away now she’s saying she doesn’t... View More

James L. Arrasmith
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answered on May 19, 2024

You have a valid concern regarding your girlfriend's dog. When someone agrees to watch a pet and then gives it away without permission, it can be seen as a breach of trust and possibly a legal issue. The first step is to gather all the details, including any messages or agreements between your... View More

1 Answer | Asked in Animal / Dog Law for Florida on
Q: My dog bit a delivery driver on his hand and scratched his chest almost 2 years ago.

I just received a letter from his lawyer wanting my insurance information and if I don’t provide it then it is prejudice. EMS and police arrived on scene and he did not need medical attention. I provided him with my information and to let me know of any medical bills- he has not. Do I need a... View More

Roberto M. Vazquez
Roberto M. Vazquez
answered on Mar 23, 2024

Although not necessarily required, it’s probably in your best interest to hire a lawyer to handle this if you do not have dog bite coverage under your insurance. If you have dog bite coverage, then contact your insurance and they will handle it for you.

1 Answer | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: I do not speak fluent English & require an interpreter. What do I do if opposing attorney wants conference call?

I cannot have a conversation as defendant with plaintiff opposing council as I do not understand English in full or legal terminology spoken in English at all. The opposing attorney is aware of this and I cannot afford attorney and cannot fine any lawyer to help me who is bilingual based on small... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 19, 2024

You can file anything you like, but the conversation with the attorney is not part of a court proceeding, and the Court is not going to order an interpreter. You can ask the Court for an interpreter for a Court hearing. Otherwise, this is your issue that you need to solve. It's not opposing... View More

2 Answers | Asked in Animal / Dog Law, Personal Injury and Civil Litigation for Florida on
Q: Is it a valid Premise Liability case in Florida if a alleged dog claim attack did not occur on the rented premises?

Pending lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks. There was no dog attack and no injury to 3rd party alleged in ident off premises. There was no injury and claims full of lies and no evidence. Landlord already dismissed from this... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

You state that this is a "lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks." If there happens to be evidence to support that claim (including the alleged injury), it may be a valid claim regardless of whether a co-defendant is... View More

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

Sorry, had a typo in my posted answer. Correction to my second sentence: "...for other particular issues, the Court will REQUIRE the parties to confer with each other - such as mutually drafting ...."

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 19, 2024

It’s difficult to determine exactly what is happening in your litigation. However, if the opposing party is bringing any pre trial motion to be heard by the judge, Florida requires that the parties meet and confer before the motion is heard by the judge. This is commonly referred to as the... View More

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

I agree with Mr. Kaufman except would add but that for issues in which the Court requires an effort to confer in good faith before attending a hearing, if the opposing attorney were to tell the Judge that he requested to confer with you, and you refused to speak to him, the Judge will probably not... View More

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1 Answer | Asked in Adoption, Animal / Dog Law and Civil Rights for Florida on
Q: I need help getting my cats back that were given away by someone else who has no rights to them surrendered them an

They got adopted. I called the shelter asking if they were there multiple times days after day and was told no but they were and now I'm being told they were there so I was lied too when I was trying to claim them within the 5 days they lied saying they weren't there so they wouldn't... View More

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a difficult situation with your cats, and it's understandable that you're feeling frustrated and upset. It's essential to gather all the evidence you have that proves ownership of your cats, such as vet records, adoption papers, or photos. This... View More

1 Answer | Asked in Animal / Dog Law for Florida on
Q: My Dog, Jack, had TPLO surgery 12/22/2023. During the procedure, the Surgeon fractured his tibia. I was never advised.

I only found out from the referring Vet 2/12/2024. After we had complications about the wire which was inserted during the procedure. TPLO do not require a wire, but tibia fractures do. When I asked the Surgeon about the wire, he said it is used to stabilize the leg. Again, he never mentioned... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Feb 15, 2024

The first and only priority at this point should be getting a second opinion from an independent veterinarian surgeon as to your dog's condition and whether or not this is a viable treatment plan and whether any corrective action be taken. This is not only required for your dog's health... View More

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