Tennessee Animal / Dog Law Questions & Answers

Q: I put a down payment on a puppy in Monterey Tennessee. The puppy has parvo and breeder won’t return the down payment.

1 Answer | Asked in Consumer Law and Animal / Dog Law for Tennessee on
Answered on Apr 17, 2019
Bennett James Wills' answer
You still potentially have a breach of contract action. You could choose to file a small claim in the general sessions court for the return of your $500.

Q: Does a 30 suspended jail sentence stay in your permanent record?

1 Answer | Asked in Criminal Law and Animal / Dog Law for Tennessee on
Answered on Apr 15, 2019
Mr. Kent Thomas Jones Esq.'s answer
You can't make a determination simply on those facts. If it is pre-trial diversion, because the individual didn't have a prior record, then they probably have the capability to apply to have it expunged at the end which would take it off the record. If it was not a pre-trial diversion situation, i.e., there have been prior convictions, then it is possible that it could go down on the record forever if it was a conviction or plea of guilty. You really need to consult with an individual...

Q: Can a dog catcher have me arrested if my dog bit someone in my yard and I don't want to give him my id for a cition?

1 Answer | Asked in Animal / Dog Law for Tennessee on
Answered on Apr 10, 2019
Anthony Marvin Avery's answer
The Officer could have taken you to Jail to start with. The Citation is given as a Summons to Court. But if you refuse the Citation, you can be arrested instead. It would have been better to take up your Case in Court, but now you may have several more Animal Charges brought against you. Be prepared to post Bond and hire a competent attorney, and find a Witness to the Dogs not attacking anyone.

Q: My ex gave me our dog when we split. Now she is claiming she will have a warrant issued for theft if I don’t return him.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Domestic Violence for Tennessee on
Answered on Dec 21, 2018
Anthony Marvin Avery's answer
It is very possible, and you might even get convicted. There is no Title to a Dog, but it is probably not worth the trouble and risk to prove ownership in Court. Bond, Attorneys, Court Costs and Restitution could be very expensive. Many Judges and DA's will feel very sorry for her.

Whatever you do, do not have an argument with her or she will put you in Jail for alot worse than the ridiculous Theft of a Dog.

Q: Do I have a defense against a dog at large charge?

2 Answers | Asked in Animal / Dog Law and Personal Injury for Tennessee on
Answered on Dec 2, 2018
Stephen Arnold Black's answer
Call your homeowners insurance company and request that they defend you against any legal action taken against you. Ask them if the policy covers you for losses like this one. Good luck.

Q: What can I do? I don't have much money! I have all email/text correspondence with Sky Cargo Ways.

1 Answer | Asked in Consumer Law and Animal / Dog Law for Tennessee on
Answered on Jul 30, 2018
Adam Savett's answer
I’m sorry to say, but it looks like the company is a scam.

A number of websites describe the scam. Here are two examples:

https://scamwarners.com/forum/viewtopic.php?f=36&p=357721

https://petscams.com/pet-delivery-scam/skycargologistics-us/amp/

If you paid by credit card, please dispute the charges with your credit card company.

I wouldn’t send this company any more money.

You can also file a complaint with your state’s attorney general....

Q: Where can I find the local ordinances or Tennessee laws regarding pet day care centers?

1 Answer | Asked in Business Law and Animal / Dog Law for Tennessee on
Answered on Mar 21, 2018
Mr. James Charles Wright's answer
Check with the City of Colliersville Codes department. The City Code is online but may not be the most current.

http://www.amlegal.com/codes/client/collierville_tn/

Also, you should check with Shelby County- although the issues here would really relate to zoning- in other words is the activity lawful on the property at that location.

For State laws generally there is a neat website:

https://www.animallaw.info/statute/tn-dog-consolidated-dog-laws

Q: I had a person threatened me for trespass for walking my dog on a public sidewalk. What are my rights?

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Criminal Law for Tennessee on
Answered on Mar 20, 2018
Don Himmelberg's answer
If you were truly on a public sidewalk (and, say, not on her driveway), then you are not criminally trespassing. As an aside, thank you for cleaning up after your dog!

Q: Is it legal for my landlord to kick me out if I have a emotional support dog with a written order from my doctor?

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Tennessee on
Answered on Mar 1, 2018
Marjorie A Bristol's answer
No, the landlord cannot legally evict you do to having an ESA. If the ESA has destroyed property or is a nuisance, that might be a different story. You should consult an attorney to help.

Q: In Greene county tn is there such a thing as defiant trespassing? If so what Tennessee code would it be listed under?

1 Answer | Asked in Criminal Law, Animal / Dog Law and Landlord - Tenant for Tennessee on
Answered on Feb 18, 2018
Marjorie A Bristol's answer
Your sister can evict her. She will need to provide her notice and file a detainer action if she doesn't move at the end of the notice. She should consult an attorney to help her.

Q: My wife made a mistake of giving her puppy away that she paid for and wants her back, she has been dealing health

1 Answer | Asked in Animal / Dog Law for Tennessee on
Answered on Jan 30, 2018
Marjorie A Bristol's answer
Probably not. A gift is a gift. You can't take it back once it is given.

Q: I've had this dog for 2 months and I'm trying to get the owner to come get him he refuses , wat are my rights

1 Answer | Asked in Animal / Dog Law for Tennessee on
Answered on Jan 29, 2018
Marjorie A Bristol's answer
What do you want to do with the dog? If you want to keep the dog, then keep it.

Q: If owners are not feeding their dog enough dog food and the dog is very very skinny are they legally in trouble?

1 Answer | Asked in Animal / Dog Law for Tennessee on
Answered on Jan 11, 2018
Bennett James Wills' answer
Maybe? Call animal control or the local non-emergency line if you think there is an issue.

Q: what happens if someone says you sold them a sick dog

1 Answer | Asked in Animal / Dog Law for Tennessee on
Answered on Jan 6, 2018
Marjorie A Bristol's answer
It depends on what representations you made to her in selling the dogs. If you told them they were healthy and had been verified healthy by a vet, then you might want to get that proof ready. She can try to sue you for the vet bills. If she does, you should consult a lawyer. Dogs get worms and fleas. That is normal. I would think that you have a good chance of winning based on these facts if she does sue.

Q: Re-homing a dog vet responsiblities - new owner or old?

1 Answer | Asked in Animal / Dog Law for Tennessee on
Answered on Jan 5, 2018
Marjorie A Bristol's answer
The dog was theirs when they took it, I would say. As far as reporting you for animal cruelty, they can certainly do that, but that doesn't mean that you will be charged. The DA will ultimately have to make that decision.

Q: If we allowed friends to keep an animal on a field we lease providing they cared for their animal and they did not

1 Answer | Asked in Animal / Dog Law, Contracts and Agricultural Law for Tennessee on
Answered on Sep 4, 2017
Mr. James Charles Wright's answer
Sounds like you did a good deed and allowed a friend to leave their animal with you. I am hoping by this time the friend has picked up their animal. If not, I would notify them that if they have not picked up the animal by a time certain you will be charging at so much a day. This will likely encourage them to pick up their animal.

Q: My mother in law is keeping our pit for a couple of months until we move. She had him fixed without our consent.

1 Answer | Asked in Civil Litigation, Family Law and Animal / Dog Law for Tennessee on
Answered on Aug 10, 2017
Leonard Robert Grefseng's answer
If you have proof of purchasing the animal, I suggest you file a lawsuit to recover it. ( an animal is simply considered property under TN law). I expect she will say that you made a "gift", in other words, that you gave her the dog to keep, so try to find anything ( an email, or old text message) which confirms she was just babysitting the dog for you. Bad news is: this may be your word versus hers, and as the plaintiff in the lawsuit, the burden of proof would be on you to establish your...

Q: I was bit by a neighbors dog when i went to get my dog out of my neighbors yard. do i have any rights?

1 Answer | Asked in Animal / Dog Law and Personal Injury for Tennessee on
Answered on Aug 1, 2017
David Alan Wolf's answer
As I understand it, Tennessee has strict liability for a dog bite in place if the dog bite victim was on public property or lawfully on private property. Under your facts, the neighbor and / or the insurance company for the neighbor may have a defense to the dog bite injuries by arguing that you were trespassing. Unless you were given permission by the owner on this occasion or on a regular basis to retrieve your dog, there may be a valid defense to the dog bite claim. You should consult...

Q: a friend wants to keep his pitbull in our yard in a gated area. If the dog injures someone, are we liable?

1 Answer | Asked in Animal / Dog Law and Personal Injury for Tennessee on
Answered on Jul 18, 2017
Peter N. Munsing's answer
Depends on height of fence etc. Dog should likely be on a chain, there should be good insurance on the house.

Short answer--mom is liable if she--via you--allows someone to park an animal known to have bitten people in her her backyard, with no lock on gate etc. What if dog gets out? Bad news.

Q: if you found a dog 4 months ago and the owner is claiming him. will I have to give him back

1 Answer | Asked in Animal / Dog Law for Tennessee on
Answered on Jan 8, 2017
Brian Lehman's answer
You are in Tennessee, but here is what a court in Vermont said: "The value of a pet to its human companions has already been noted.   Accordingly, apart from providing care and shelter, finders of stray pets should also be encouraged to make every reasonable effort to find the animal's owner.   Although circumstances will vary, this might include contacting the local humane society, veterinarians, or the police department, posting notices near where the animal was found, and placing...

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