Florida Animal / Dog Law Questions & Answers
Q: 2 labs playing off leash on private property in Pasco County. Neighbor complains, seeks Animal Control fine. Thoughts?
Terrence H Thorgaard's answer
If the local ordinance requires dogs to be "under control". normally voice command isn't sufficient.
If the local ordinance requires dogs to be "under control". normally voice command isn't sufficient.
Q: My boyfriend and I break up we have two dogs and he wants one
Terrence H Thorgaard's answer
Since you aren't married, a divorce settlement (including equitable division of property) is not an option. It depends on which of you owns the dogs. Who paid for them?
Since you aren't married, a divorce settlement (including equitable division of property) is not an option. It depends on which of you owns the dogs. Who paid for them?
Q: i'm a tenant who has a dog and my landlord is scared he will be held liable if my dog bites someone.
Terrence H Thorgaard's answer
Your landlord doesn't seem to understand how insurance works. See if you can get your insurance broker to explain it to him.
Your landlord doesn't seem to understand how insurance works. See if you can get your insurance broker to explain it to him.
Q: Dog injured in hit/run. Police say it's not personal property. How do I prove it is, in FL? Statute?
1 Answer
| Asked
in
Personal Injury, Animal / Dog Law, Car Accidents and Civil Litigation
for
Florida
on
Answered on Mar 6, 2019
Answered on Mar 6, 2019
Charles M. Baron's answer
Can't tell why you're asking - for insurance coverage purposes? A dog that you own is your personal property, and you may sue the driver and owner of the vehicle that struck your dog for your vet bills, and if your dog dies, for the fair market value of your dog. In some circumstances, you may also sue for your own emotional distress. But it sounds like you don't know who struck your dog. If you're wondering about whether any insurance policy of yours covers this, that depends solely on the...
Can't tell why you're asking - for insurance coverage purposes? A dog that you own is your personal property, and you may sue the driver and owner of the vehicle that struck your dog for your vet bills, and if your dog dies, for the fair market value of your dog. In some circumstances, you may also sue for your own emotional distress. But it sounds like you don't know who struck your dog. If you're wondering about whether any insurance policy of yours covers this, that depends solely on the...
Q: I am being sued by a dogs owner who gave dogs to her neighbor who gave them to me.
Terrence H Thorgaard's answer
The owner was probably correct in suing both of you. You should attend the final hearing and explain that you arranged to deliver them to her but that she failed to show up at the meeting.
The owner was probably correct in suing both of you. You should attend the final hearing and explain that you arranged to deliver them to her but that she failed to show up at the meeting.
Q: If you take care of an animal for over 6 months with no bills for food can the old owners legally take him away
Terrence H Thorgaard's answer
Did they give or sell the animal to you; or did you simply take care of it. If it's the former, it's yours and they can't legally take it from you.
Did they give or sell the animal to you; or did you simply take care of it. If it's the former, it's yours and they can't legally take it from you.
Q: Can city police departments be sued for using dogs inside a criminals home ,and the dog was in the leash the whole time?
1 Answer
| Asked
in
Animal / Dog Law, Constitutional Law, Criminal Law and Personal Injury
for
Florida
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter N. Munsing's answer
I don't see it. They are required to secure fugitives. When you didn't come out you put yourself in that classification. If the dog was never unleashed they likely used the least intrusive alternative. Contact the Fla. civil liberties union to see if they have a different take.
I don't see it. They are required to secure fugitives. When you didn't come out you put yourself in that classification. If the dog was never unleashed they likely used the least intrusive alternative. Contact the Fla. civil liberties union to see if they have a different take.
Q: My neighbors have 6 dogs. They are little dogs but...
Terrence H Thorgaard's answer
If you don't want to spend the money, for either a fence or an attorney, and if animal control won't help, the only remaining option is to not let your children out of the house unaccompanied.
If I were you I would advise the neighbors that, if they continue to let the dogs into the front yard, I wouldn't be so careful to hit the brakes in the future.
If you don't want to spend the money, for either a fence or an attorney, and if animal control won't help, the only remaining option is to not let your children out of the house unaccompanied.
If I were you I would advise the neighbors that, if they continue to let the dogs into the front yard, I wouldn't be so careful to hit the brakes in the future.
Q: I gave my 2 micro chipped husky's away to someone for free, now they are selling them for $500. is the illegal?
Terrence H Thorgaard's answer
Dogs are property. When you give property away, the recipient is free to sell that property. So yes.
Dogs are property. When you give property away, the recipient is free to sell that property. So yes.
Q: Our association has a twenty-five pound limit on dogs. Can a young healthy girl bring in an 80 pound service dog? WPB
1 Answer
| Asked
in
Animal / Dog Law, Land Use & Zoning and Personal Injury
for
Florida
on
Answered on Jan 19, 2019
Answered on Jan 19, 2019
Charles M. Baron's answer
If it's truly a certified service dog that serves the girl, yes, she has the right to have such a dog at ANY weight. HOWEVER, service dogs are NEVER vicious! They are trained to be very tolerant of people and dogs. Therefore, sounds like there is fraud going on, and there should be a legally proper inquiry to verify the dog's status. There is plenty of material on-line on what constitutes a legally proper inquiry, but if you have trouble finding that out, set an appointment with an attorney...
If it's truly a certified service dog that serves the girl, yes, she has the right to have such a dog at ANY weight. HOWEVER, service dogs are NEVER vicious! They are trained to be very tolerant of people and dogs. Therefore, sounds like there is fraud going on, and there should be a legally proper inquiry to verify the dog's status. There is plenty of material on-line on what constitutes a legally proper inquiry, but if you have trouble finding that out, set an appointment with an attorney...
Q: Do I have a legal case?
Josh Corriveau's answer
It really depends. Additional information is needed. For instance, is everything in writing? Sometimes issues like this can be resolved by an attorney sending a demand letter and without litigation.
It really depends. Additional information is needed. For instance, is everything in writing? Sometimes issues like this can be resolved by an attorney sending a demand letter and without litigation.
Q: can I be charged with animal neglect for a dog that is not mine?
Terrence H Thorgaard's answer
If the animal was present in your house, you were aware that it was starving, and you did nothing, yes you can be charged with animal neglect. What the owner said he would do doesn't matter as much as what the dog needed.
If the animal was present in your house, you were aware that it was starving, and you did nothing, yes you can be charged with animal neglect. What the owner said he would do doesn't matter as much as what the dog needed.
Q: We purchased 2 puppies from a pet store. One is sick with a genetic, hereditary skin disease that will require alot
Terrence H Thorgaard's answer
It's called "Ask a Lawyer". What that means is that you are supposed to actually ask a question.
It's called "Ask a Lawyer". What that means is that you are supposed to actually ask a question.
Q: A neighbor has a dog, a mutt, under a year old. Her husband wants to breed it for whatever unknown purpose.
Terrence H Thorgaard's answer
If they were to sue you, they could only recover their damages. For a mongrel, with little or no monetary value, damages would be next to nothing. And no, you can't just refuse to give the dog back, assuming they had agreed you could keep it for a while but not own it. So your best course of action would be to demand that they sign it over to you in return for your "fostering" it.
If they were to sue you, they could only recover their damages. For a mongrel, with little or no monetary value, damages would be next to nothing. And no, you can't just refuse to give the dog back, assuming they had agreed you could keep it for a while but not own it. So your best course of action would be to demand that they sign it over to you in return for your "fostering" it.
Q: My boss gave me her dog in the chance I quit my job or am fired (doubtful about being fired), how do I prove ownership?
Terrence H Thorgaard's answer
While you are still employed, get your boss to sign something to the effect that she has sold the dog to you for $1 or other consideration.
While you are still employed, get your boss to sign something to the effect that she has sold the dog to you for $1 or other consideration.
Q: where can I obtain a civil court summons for collier county This for a pit bull attack and damages
Terrence H Thorgaard's answer
You need to file a complaint before a summons will be issued. Contact the clerk of court for your county.
You need to file a complaint before a summons will be issued. Contact the clerk of court for your county.
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