Lawyers, Answer Questions  & Get Points Log In
North Carolina Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: My ex left alittle over 1 month ago he left his dog & I’m taking care of her is she mine now
Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 7, 2020

Not necessarily. If your ex hasn’t said anything, he could come back to get the dog at really any time. If you to settle the matter now, you can offer to buy the dog from him. If you get an agreement make sure you get it in writing!

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: what can I do about a dog kennel less than 50 feet from my bedroom in Pasquotank County, NC
Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 6, 2020

This question is difficult to answer because you provided no details about what the problem is. I'm guessing it's either noise or smell or both. If that's the case, you could sue for nuisance, but you might have a "coming to the nuisance" problem, depending on NC law.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: What can I do if my neighbor will not come and get their dogs?

My neighbors dogs are always getting out and they come to our home. When I call them and tell them, they will not come and get them for days-weeks at a time. We have even taken them to the vet when they’ve needed medical attention. What are our rights in this situation?

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 17, 2020

Call Animal Control and report the loose dogs.

1 Answer | Asked in Animal / Dog Law, Car Accidents and Insurance Bad Faith for North Carolina on
Q: An ATT tech hit my dog in front of our house, on a private driveway. They denied the claim because my dog was loose.

The dog wasn't on public road, but on the side of a private driveway, defecating. The driver was going too fast, was not paying attention, and hit and crushed her skull with his truck. My understanding is that my dog can be loose on private property. She did not run to, or in front of the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 7, 2020

File a claim with their insurance company. You can claim for the financial loss, and also may have a claim for negligent infliction of emotional distress. I'd suggest you talk to a member of the NC Trial Lawyers Assn/Assn for Justice --- they focus their practice on these types of cases, and... Read more »

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Hey if my dog bit a girl and the family is making us pay for the bill can we take them to court since they are not

They are not unsung their insurance can we take them to court and make them use their insurance since it will be cheaper

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

If your dog bit their child then you are responsible and they do not have to use their own insurance, in fact most of the time their insurance may refuse to pay. What would likely happen is they will make a claim on your homeowner's insurance which should cover the claim unless you have the... Read more »

1 Answer | Asked in Animal / Dog Law and Personal Injury for North Carolina on
Q: Should I expect to get reimbursed at least for medical bills at Urgent Care facility for dog bite - $175.00?

I'm riding my bicycle through my neighborhood (on the street) last night, and I come up on a lady with 2 German Shepherds loose in her yard with her. I hear her say "oh no", and the dogs start growling/barking, and then they attack me. As she's yelling "they don't... Read more »

Denise Anderson
Denise Anderson answered on May 25, 2019

Yes, you should be able to receive reimbursement for the medical bills you incurred. You can also receive compensation from the dog owner for the injuries you suffered. You need to show that the German Shepherds were pet dogs, and the owner did not confine them. Vicious dogs like German... Read more »

1 Answer | Asked in Immigration Law and Animal / Dog Law for North Carolina on
Q: Do I need court record and a written letter?

I was arrested in 2003 for animal cruelty. Main reason was a dog got behind me and I was scared so I kicked the dog and it ran into the streets and got ran over by a car. I have the right to protect myself is all I was doing. I stay a day in jail and was released the next day. I went to court a... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Aug 9, 2018

Regarding the animal cruelty issue: it will depend, first of all, on the statute under which you are charged. Also, you say you pled guilty and that your case was dismissed. If you pled guilty, your case was not likely dismissed, and there were likely charges. You will want to consult with an... Read more »

1 Answer | Asked in Divorce and Animal / Dog Law for North Carolina on
Q: In the seperation/settlement agreement,can I include the expense of the dog care I'm providing?

I'm trying to settle with a seperation agreement and avoid court. 50/50 split debt and equity. No kids. Minimal assests. I'm refinancing and keeping the house. Paying out her equity. Close to equal income. She is planning on taking 5 dogs. I will be keeping 1 dog, 2 rabbits, 1 goat and 6... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on May 14, 2018

What makes you think the Court would award a 50/50 split? As to the agreement - you can set it up virtually anyway you want. The trick is to get her to agree to it and sign it. Of course, if you are doing your own agreement odds are you should be more concerned about properly drafting it instead... Read more »

1 Answer | Asked in Animal / Dog Law and Wrongful Death for North Carolina on
Q: Told vet to use harness when walking, will slip out of slip leash, she did , gate open, dog killed in road, can I sue

Have been going to local vet for 6 years, and they know our dog slips out of slip leash. Now I only use harness and told them to use this week. They didn't and dog got out os slip leash, and gate left open during walk. Our dog ran across 5 lane highway, made it, but then gone. Vet call me... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 26, 2018

You can only sue for the market value of the dog in most states. If your dog had a sale value of $80, that's all you get.

1 Answer | Asked in Personal Injury and Animal / Dog Law for North Carolina on
Q: How do I get my neighbor to stop feeding my dog her leftovers? I've asked, given a letter she still puts in my yard?

I've asked her to stop in person a couple times, written a letter and given it to her and talked to her landlord. She stops for a while then starts up again. Is there anything else I can do? My yard is fenced in and I should be able to let my dogs out into it without any problems or having to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

Set down and talk to her. Maybe with someone else --like a vet assistant --so she won't want to look bad by giving you an issue.

1 Answer | Asked in Animal / Dog Law, Civil Rights and Family Law for North Carolina on
Q: Friend got kicked out of the house after coming out as trans; his mother kept his service dog. Can he get it back?

-He is over the age of 18 (enrolled in college, this happened over break) and currently staying with a cousin

-This is in North Carolina, USA

-He requires a service dog for multiple physical and mental issues; this has been certified by his physician.

-The mother paid for the service dog

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 21, 2016

It likely depends on who owns the dog as to who gets to keep the dog. However, there may be some legal options so he should consult with a local attorney who can go over the situation in more detail and lay out his options.

1 Answer | Asked in Animal / Dog Law and Personal Injury for North Carolina on
Q: vicious dog bite.

My wife was bitten by a dog a training facility in N.Carolina. They are not the owners of the dog. The insurance policy at this facilty does not cover my wife. The owners of the dog are another adoption facilty in S.Carolina,who sends dogs to this training facility who have a bad history of... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 11, 2016

It'll be a question of who had responsibility for the dog at the time. Suggest you contact a member of the NCAssn for Justice such as Doug Abrams in Raleigh--you can use my name; he'll give you a free consult.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: My neighbor has disappeared for over a week and he left his dog at home. Can I keep the dog?

He left without asking his roommate if he would watch her and his roommate is no longer able to watch the dog so he has asked me to take her... if I believe that the dog isn't being taken care of, can I keep her?

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 1, 2016

Have animal control impound the dog. Then find out what they charge to "adopt" an impounded dog.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: I live in NC and recently 2 dogs were found running at large in my town and were picked up by a good Samaritan and taken

To a rescue and checked for microchips but none found or no rabies tags, the dogs were very malnurished and heartworm positive treatment was started but in the mean time animal control saw the dogs posted on Facebook and thought they knew the owners. Animal control picked up the dogs without... Read more »

Mr. Douglas A. Petho
Mr. Douglas A. Petho answered on Mar 17, 2016

There would have to be a determination that the treatment of the dogs amounts to animal abuse or cruelty, not negligence. the owners could then be charged and the animals removed .I would contact local police department to find out what agency, either animal control, Sheriff's Department... Read more »

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: What are the odds that I can get my dog back?

I recently left my boyfriend of 2.5 years. His mother gave me a puppy a year ago. While packing my things, he told me I could not take her then proceeded to call his mother after I said I was taking her because she is mine. His mother came over and politely walked up and let my dog out of her... Read more »

Melissa Averett
Melissa Averett answered on Jan 18, 2016

You certainly have a valid claim. It would also help, in addition to the receipts you listed, if you paid county taxes for the dog. Even if you decide to represent yourself, you should consult with an attorney in your county before drafting, filing, and serving the necessary complaint and civil... Read more »

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: I have Major depressive disorder and fall under the ADA. I want in support pet in a no pet apartment. where is this law?

I'm fairly certain I am entitled to this right under the fair housing act but I cant find the exact legislation so that I can present it to my land lord. It will be a dog for the purpose of emotional support/comfort, NOT a service animal. I have found plenty of info on service animals and none... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 30, 2015

Go see a local attorney to get this important question answered. It requires research.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Can I keep a Cat that someone claims as theirs?

Yesterday 2 children came to my house and asked me if I had a cat missing, they were trying to persuade me to keep the cat. I said the cat wasn't mine. (It's a kitten) today this cat ended up on my door step so I asked the children when they were coming home from school if they were... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 23, 2015

The children want the cat, right? It is a stray cat, right? Have you read the local city or county ordinance concerning animal control? Is it worth actually going to see an attorney about this, or will you just let the children have the cat that they want?

1 Answer | Asked in Animal / Dog Law and Divorce for North Carolina on
Q: Is it illegal for me to keep my dogs from my husband until after divorce proceedings?

My husband and I are separated and can't find a solution to custody of our dogs. I would like to keep them in my possession until after divorce proceedings. Is that illegal or considered stealing? Can he call police to come take them from me? We live in NC.

Melissa Averett
Melissa Averett answered on Aug 21, 2015

Assuming you acquired the dogs during the marriage, then the dogs are marital property ( I know they are children to you, but the law sees them as property, like your car or your couch). So, you keeping them is not theft, anymore than you keeping whatever furniture you have in your possession that... Read more »

1 Answer | Asked in Animal / Dog Law and Criminal Law for North Carolina on
Q: Horse Theft Question

About 3 years ago I had a horse that was sold out from under me at the time I didn't have the money or help to hire a lawyer to make a case (I knew who sold him without my okay but not the person who had him) I had just graduated high school and was barely 18 when it happend.

About a... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Aug 11, 2015

The horse being stolen was a crime against you which you should have reported to the police back then. It might be too late at this stage to do that, because you knew about it back then and did not report it. People cannot just sit on their rights for years and then expect to be able to do... Read more »

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.