Utah Animal / Dog Law Questions & Answers

Q: I sold my boyfriends dog for $300 without his permission. Can I get the dog back?

1 Answer | Asked in Animal / Dog Law for Utah on
Answered on Aug 17, 2018
Wesley Winsor's answer
Hello,

I am sorry for your predicament.

I am guessing that this dog didn't have some paper title or appear on some state registry that lists the dog and the owner and some kind of identification number. If they do then, then it would be easier for your BF to talk to the police to go and retrieve his dog and then the purchasers would have a claim against you for fraud or selling something that didn't belong to you.

When you say, that the purchasers are not holding up...

Q: Am I entitled to a refund or reimbursement of vet expenses for a puppy I bought with undisclosed health problems?

1 Answer | Asked in Consumer Law, Animal / Dog Law and Small Claims for Utah on
Answered on Jun 8, 2018
Wesley Winsor's answer
Hi,

I am sorry for your situation. Utah is a buyer beware state. There are some enhanced duties if the seller is a "merchant" meaning that they do this for their profession, but unless he actively hid it from you or represented that the puppy definitely did not have eptopic ureter then I am not sure you have a claim.

I am not sure the seller would even know about that condition or could properly diagnose the condition even though he had noticed dripping.

You may...

Q: If I got a dog from an organization but months later changed my mind. Do I have to return the dog to them?

1 Answer | Asked in Animal / Dog Law and Contracts for Utah on
Answered on Jun 8, 2018
Wesley Winsor's answer
Hello,

I am not sure I understand the situation. Let me see if I have this correct: 1) You purchased a dog from an organization for less than $500. 2) Later you changed your mind.

I am trouble understanding what 2) is intended to mean. Are you saying that you changed your mind about the dog and returned it? Or maybe you are saying that the organization changed its mind and now wants the dog back. That would make your question more logical. I will answer the question based...

Q: I bought a dog and 2 months later the lady wants him back, can she by law take him?

1 Answer | Asked in Animal / Dog Law and Small Claims for Utah on
Answered on Mar 15, 2018
Wesley Winsor's answer
Animals are property. And I guess technically would fall under the "statute of frauds" that states that goods sold over $500 need a written contract in order to be enforceable. Was there a contract or some type of writing generated for the sale of the dog? Or was it a cash deal of exactly $500? If over $500, she may try to argue that the contract was invalid, but even so your actions completed the contract and I don't see her prevailing in court as she gave you the dog and she gave you the...

Q: what are the law on pet custody in Utah?

1 Answer | Asked in Criminal Law, Federal Crimes, Small Claims and Animal / Dog Law for Utah on
Answered on Feb 3, 2018
Mr Aric M Cramer Sr.'s answer
This is an Animal law question, not a criminal law question. Contact an attorney in that specialty.

Q: My friend's has my dog and refuses to give her back to me he won't return any calls and now threatens to call animal con

1 Answer | Asked in Criminal Law and Animal / Dog Law for Utah on
Answered on Jan 22, 2018
Mr Aric M Cramer Sr.'s answer
If you feel a crime has been comitted you should call the police.

Q: Can someone legally give away someone else's pet snake?

1 Answer | Asked in Animal / Dog Law for Utah on
Answered on Jun 22, 2017
Wesley Winsor's answer
Pets are property so this question could just as easily be, "my cousin was keeping her bicycle at her friends, and her friend has given it away".

The answer to the question is "no". Someone who does not have ownership can't give it away. If they do, then what they are in effect doing is "stealing" the property and then giving it away. We call that misappropriation. Your cousin could sue her friend for the value of the snake, in addition, she could sue the receiver of the snake for...

Q: Can an adult instructor of equine activities be held liable if they don't require their youth students to wear helmets?

1 Answer | Asked in Animal / Dog Law and Personal Injury for Utah on
Answered on May 1, 2017
Brian K Jackson's answer
The statute listed says it all, which constitutes negligence in the disregard for the safety of the participant. After that is proven, you have to show that there was an injury associated to that. They can't be held liable for anything if there isn't an injury according to the statute. So if you are trying to sue them for just not requiring the kids to wear a helmet, that isn't enough.

Q: Is a breeder contract my ex-wife signed during our marriage valid if I was awarded the dog in the divorce?

1 Answer | Asked in Animal / Dog Law, Contracts and Divorce for Utah on
Answered on Oct 28, 2016
Brian K Jackson's answer
It depends. There are probably good arguments on both sides and what the language specifically says in the contract could determine the outcome.

Q: My neighbor breed my male dog with his without our permission, do I have any rights to the puppies?

1 Answer | Asked in Animal / Dog Law for Utah on
Answered on Oct 28, 2016
Brian K Jackson's answer
You would have to prove that it was without your permission and would also have to most likely prove that the other owner did it intentionally and this did not just occur by accident. If somehow you can prove that it was without your permission and that it was intentional you could have a right to the puppies, however, it may require a DNA test or the judge may determine it by looking at the colors or spots. It would only be a claim worth pursuing if the puppies were of quite a value and the...

Q: If my neighbors dog willingly wanders into my backyard multiple times in a night, can I claim it?

1 Answer | Asked in Animal / Dog Law for Utah on
Answered on Oct 28, 2016
Brian K Jackson's answer
No, unless you can prove abandonment which is unlikely. You could have a trespass claim though.

Q: If my dog kills a sheep, am I liable for the purchase price of the sheep?

1 Answer | Asked in Animal / Dog Law for Utah on
Answered on Sep 7, 2016
Andrew Spainhower's answer
Obviously the answer can change given a variety of variables, however, it is likely that the dog owner will need to pay the sheep owner the value of the sheep.

Q: If my dog is on my own condo association's common property, am I subject to local leash laws? Or just condo by-laws?

1 Answer | Asked in Municipal Law, Animal / Dog Law and Real Estate Law for Utah on
Answered on Aug 10, 2016
Lincoln W. Hobbs' answer
That would depend upon your condominium association's governing documents and the local ordinances. Many condominium declarations expressly incorporate municipal animal ordinances. You do have an interesting defense if the city is seeking to fine you, rather than the association.

Q: can i get my dog back after ive gave him away to someone its been less then twenty four hours ?

1 Answer | Asked in Animal / Dog Law for Utah on
Answered on Dec 2, 2015
Brian K Jackson's answer
You can appeal what happened and say that you weren't given any written notice of forfeiture (unless they did) and that you gave up your dog under duress and coercion of the officer.

Q: Do I have to call animal control if I hit a dog/cat while driving? Do I have to stop?

1 Answer | Asked in Animal / Dog Law and Car Accidents for Utah on
Answered on Nov 14, 2015
Adam Studnicki's answer
Check with a local animal law lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific...

Q: Can I fight over a dog that I bought for a breeding dog and I found out that the dog can not breed

1 Answer | Asked in Animal / Dog Law for Utah on
Answered on Sep 9, 2015
Jefferson S Cannon's answer
Yes on the face of this it would appear you have a claim for bad faith, breach of contract and lack of fair dealing.

Q: I went to drop off my trash on the condo where i live, and my dog jumped on the maintenance guy leg, the dog was the le

1 Answer | Asked in Animal / Dog Law for Utah on
Answered on Aug 13, 2015
Adam Studnicki's answer
If you are sued, turn it over to your renter's liability insurance. Check your policy to see if you have to report the incident.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and...

Q: My neighbors great Dane attacked my chihuahua and the great Dane was not on leash can I sue

1 Answer | Asked in Animal / Dog Law for Utah on
Answered on Jun 24, 2014
Charles Snyderman's answer
In order to answer your question, we need to know where the dogs were at the time of the attack.

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.