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Florida Animal / Dog Law Questions & Answers
1 Answer | Asked in Contracts and Animal / Dog Law for Florida on
Q: Is there a remedy for refusing to return an animal as stated in a contract?

I have a purebred horse used for equine sports. We listed the horse for sale through a broker. A couple agreed to purchase through a “lease to own”. They wanted a one month trial at lease cost then full purchase price if they kept her. The month ended but they haven’t purchased or returned... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 1, 2023

I'm assuming you had your lease/sale arrangement in writing and signed by the couple, that you have demanded return of your horse in writing, and the couple has either refused to return her or has completely disregarded your demand. In that scenario, this likely constitutes a THEFT, so you... View More

1 Answer | Asked in Contracts, Animal / Dog Law and Business Law for Florida on
Q: Just curious if a waiver I was pressured to sign is legally bounding or mean anything. Thanks

Just curious if a waiver I was pressured to sign is legally bounding or mean anything. Thanks

Charles M.  Baron
Charles M. Baron
answered on Sep 27, 2023

You signed a waiver AFTER they injured your dog?? A waiver that explicitly provides that you cannot make a claim against them for injuring your dog??? If it's really that kind of waiver, it may be enforceable in a court of law, with you letting them off scot-free - but you must show it to a... View More

2 Answers | Asked in Animal / Dog Law and Real Estate Law for Florida on
Q: My HOA in Florida is demanding me to get rid of my registered service dog after he launched at a valet guy while muzzled

He didn’t injure him or anything

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 25, 2023

If the dog is deemed a nuisance, the HOA can demand removal of the dog. You might want to see if you can negotiate with the HOA for the dog to stay if the dog undergoes additional training. Even a muzzled dog can hurt someone based on the size of the dog and the person if the person gets knocked... View More

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1 Answer | Asked in Animal / Dog Law for Florida on
Q: If my dog is being mistreated at one parents house if I report it will my dog be given to the other parent or taken away

My dog is mistreated at my dad’s home. My parents are separated and I want to call animal control but I am scared that if I report it, they will take my dog and I won’t see him again. Would they take him away permanently or would they give him to my mom if they both own him or have “custody... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2023

If and when animal control takes the pet because it has been abused, presumably your mother would be given the option to take the animal.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: Can you assist with a complaint regarding a dog bite & plaintiff asking for $50K in Palm Beach County FL?

This is litigious. There's no evidence of which dog injured the plaintiff. I have written evidence supporting everything that transpired. I'm at a loss here as I'm on social security and don't have any money.

Stephen Arnold Black
Stephen Arnold Black
answered on May 22, 2023

Turn the matter over to your homeowners insurance company. They will provide a defense.

2 Answers | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: A dog attacked my cat on my property. Now my cat is missing. What all can I do

My neighbors on the side of her dog viciously attacked my cat. I have video proof of the dog in the cat in the altercation. My neighbor behind me was the one that broke up the altercation. I confronted my neighbor on the side. Showed her video documentation that it was her dog that attacked my cat.... View More

Charles M.  Baron
Charles M. Baron
answered on May 17, 2023

The dog owner is legally responsible for the vet bills, which you should first present to the owner to try to amicably resolve the matter, and if not settled, you can sue the owner in small claims court, assuming the amount is $8,000 or less. If the dog is owned by a couple, you would sue both... View More

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1 Answer | Asked in Consumer Law, Products Liability and Animal / Dog Law for Florida on
Q: Are there any attorneys that would take case against a company regarding a recalled product that killed my bulldog?
Charles M.  Baron
Charles M. Baron
answered on Feb 19, 2023

So sorry to hear about your loss. Unfortunately, the measure of damages for the loss of your pet, as provided by law, would likely be only the fair market value of a bulldog of your dog's age at the time of his/her death and any vet bills associated with the incident. So the money that you... View More

1 Answer | Asked in Personal Injury and Animal / Dog Law for Florida on
Q: Am I liable or my boyfriend for a dog bite while at dog boarding?

I book my dog and my boyfriends dogs through an online portal for dog boarding in Florida. I sign the yearly terms and conditions as an anuthorized representative of a legal owner as it is through my online portal account as we live together and use it as one household. Within the document it... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 13, 2023

Your boyfriend as dog owner is likely liable, and regarding yourself, that may depend on what "authorized representative" means as mutually understood by the parties - but regardless of who, if anyone, potentially has liability, the bite victim can and probably will file a lawsuit against... View More

1 Answer | Asked in Animal / Dog Law for Florida on
Q: What can I do with a dog I cannot afford that has paperwork that my mother bought without asking if it was okay?

My mother decided to take it upon herself to buy a purebred Great Pyrenees (huge dog) and ship it to my house for my family. The dogs papers have my moms name on it and a lot of agreements, one which is to never give the animal to a rescue. I cannot afford this animal at all and when I told my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 16, 2023

You are not a party to the contract with the seller which your mother signed. Thus, you are not bound by the terms of the contract and don't owe whatever your mother may still owe. And she gave it to you; it's yours to do with as you please.

1 Answer | Asked in Personal Injury and Animal / Dog Law for Florida on
Q: What do we do about the new neighbors dogs and verbal abuse?

Our neighbors who moved in recently have two Great Danes. We have a Catahoula Leopard. Our dog is super friendly and social with people and other dogs.

The dogs were okay at first, just sniffing and barking. Then their dogs started digging under our fence and barking aggressively every... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 11, 2023

If Animal Control won't help you with this issue, you could hire a lawyer to send a cease-and-desist letter, demanding she stop the abusive conduct, or else. What is the "or else"? You could sue to enjoin the nuisance (seek a court order to stop specified acts). That would be... View More

1 Answer | Asked in Animal / Dog Law, Personal Injury and Wrongful Death for Florida on
Q: On December 22nd 2022 my dog was hit and killed by an Amazon driver on my property,Amazon left and never said anything.

Amazon driver dropped off a package roughly in between 1:30 and 2:30 p.m. and upon leaving struck my dog with the vehicle. And left my property without saying anything or contacting amazon. When I came back to my property minutes later my neighbor informed me that Amazon delivered a package and I... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 28, 2022

Sorry to hear about the loss of your pet. I have a dog, too, and can imagine your pain. If the death was accidentally caused (that, is caused by ordinary negligence), you likely have four years from the accident date to take legal action to recover (A) the fair market value of your dog at the age... View More

1 Answer | Asked in Animal / Dog Law for Florida on
Q: The Hoa allows pets to reside in the condo with restrictions as to weight and breed. Can they restrict visiting dog?
James Clifton
PREMIUM
James Clifton
answered on Nov 30, 2022

It depends on the wording of the HOA declaration of covenants and restrictions. If it states that no dogs of a certain weight and breed are allowed, then it would apply to all dogs regardless of the owner. If it states that no property owner or member of the HOA may keep dogs of a certain weight... View More

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Can i sue the humane society if the dog i rescued bit my face?
Stephen Arnold Black
Stephen Arnold Black
answered on Oct 21, 2022

The answer is it depends. In some cases, a shelter may have knowingly played down a dog’s aggressive tendencies or even failed to mention it to a family considering adopting the dog. In a case like that, there may be grounds for legal action against the organization that adopted the dog out.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: If I take my dog to a trainer and 3 days later he calls me and tell me my dog is dead, is the trainer liable?

The puppy was 18 months old and very healthy

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 1, 2022

Obviously, you are going to need to establish the cause of death. Liability is a possibility if it can be established that the death was caused by negligence on the part of the trainer.

2 Answers | Asked in Animal / Dog Law and Land Use & Zoning for Florida on
Q: Opening a dog park/bar/cafe in Oakland Park Fl and wondering about zoning and permitting needed. It is b-2 zoning now.

We want to create a fun and safe space for dogs to socialize but also for humans to be able to have a drink, coffee, or sandwich while utilizing the wifi and getting some work done. We have a location in mind and it is b-2 zoning. We just are not sure if this is allowed or what we need to do to get... View More

Charles M.  Baron
Charles M. Baron
answered on May 4, 2022

Good idea; I would drop by with my dog if it flies. First speak to Oakland Park Planning & Zoning staff, and I recommend you go in person in order to review and discuss the list of uses permitted in that zoning category, and to discuss if your intended uses can fit with their interpretation of... View More

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1 Answer | Asked in Contracts and Animal / Dog Law for Florida on
Q: My wife and I bought our Golden Retriever from pet land under the impression she could and would be AKC registered

How’re after review of her profile document she is ACA registered instead. The pet store assured us that as her parents were not only AKC registered and champion show dogs that she would as well. Once purchased we received all these congratulations from the AKC regarding our new dog and... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 6, 2022

Perhaps if you will repost this interesting question and tell the lawyers who read it the REASON why the AKC will not register the dog you might get some better responses.

EVERYTHING happens for a reason. Not knowing the reason(s) things happen makes a difficult job even more difficult.

2 Answers | Asked in Animal / Dog Law for Florida on
Q: Housemate let my dog out while I was at work and she attacked the neighbors dog. Who is responsible for the vet bills
Michael  Mayoral
Michael Mayoral
answered on Jan 13, 2022

Generally speaking, you could be held liable for the damages (bills). Under Florida Statute § 767.01 "Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of “domestic animal” and “livestock” as provided by s.... View More

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1 Answer | Asked in Animal / Dog Law, Copyright, Intellectual Property and Trademark for Florida on
Q: I want to start an animal rescue. How do I trademark the name or copyright it so no one else can use it?

Don't want to get sued if someone else uses the name either.

Thomas James
Thomas James
answered on Nov 14, 2021

A trademark is what you are looking for. In the United States, they are established through use in commerce ("common law trademark.") To protect your rights in it, though, you should register it. Trademarks can be registered with a state or a federal government office. Federal... View More

2 Answers | Asked in Contracts and Animal / Dog Law for Florida on
Q: Hello, I have a question another contracts

A couple years ago I adopted a dog from a breeder. She came highly recommended and seemed to be great but we received news this morning that she has been arrested for neglect and forging medical documents. The problem is she had us sign a contract before we took our dog and it basically outlined... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 10, 2021

She would have to sue you to enforce the contract, which would cost her a significant amount of money, and it sounds like she has her own legal problems to take care of. In other words, I wouldn't be very worried about that occurring. It is difficult to say anything about the enforceability of... View More

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2 Answers | Asked in Animal / Dog Law for Florida on
Q: I have been dog sitting for someone who bought the dog from me but I have been watching the dog for 6 months now.

Can I sell the dog and not give the person the money cause I had the dog for 6 months now and they can't take care of the dog.

Hiten H. Patel
PREMIUM
Hiten H. Patel
answered on Nov 6, 2021

No.

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