Florida Animal Questions & Legal Answers - Page 5

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227 legal questions have been posted about animal law by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include equine law, and animal rights. All topics and other states can be accessed in the dropdowns below.

Recent Legal Answers

Neighbor dispute

Answered 8 years and 4 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

This is a Hatfields vs. McCoys case. You will need to spend the money to retain a lawyer to address this and do so ASAP.

This is a Hatfields vs. McCoys case. You will need to spend the money to retain a lawyer to address this and do so ASAP.

Can a person with a health disability who needs the help of a Service Dog have access to the Private Property of a Gated Golf Course Community?

Answered 8 years and 4 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

Sure - you can present anything you want. The REAL issue is whether being "off leash" is necessary to provide the service needed, regardless of its training otherwise. Its an interesting question I havent seen addressed directly as it doesn't seem they are saying you can't have the animal with you. ... Read More

Sure - you can present anything you want. The REAL issue is whether being "off leash" is necessary to provide the service needed, regardless of its... Read More

What do I need to do to sue the person claiming my dog bit them when 1. My dog was inside 2. This person is not welcome in my home, much less my stoop

Answered 8 years and 5 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

This is likely a malicious prosecution/abuse of process type case. You will need to hire a lawyer at some expense to pursue such an issue effectively.

This is likely a malicious prosecution/abuse of process type case. You will need to hire a lawyer at some expense to pursue such an issue... Read More

What can be done for my 11yo dog who went in for a tooth biopsy and they made an incision thinking she was to be spayed.

Answered 8 years and 5 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

Unless the belly incision was subtantial, and some significant damages caused, there is no viable civil case here. Not sure what the recvoery issue is related to otherwise, but your first step is to contact the vet ASAP if there any issues of concern, not lawyers.

Unless the belly incision was subtantial, and some significant damages caused, there is no viable civil case here. Not sure what the recvoery issue... Read More

I was given a dog almost 2 months ago and now they want her back

Answered 8 years and 5 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

This is a classic issue of possession being 9/10 of the law. If you can resolve this - one side or the other may need to file suit.

This is a classic issue of possession being 9/10 of the law. If you can resolve this - one side or the other may need to file suit.

A dog killed my dog while I was walking them

Answered 8 years and 5 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

There may be a claim here depending on the facts.

There may be a claim here depending on the facts.

Can i sue the training facility.

Answered 8 years and 5 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

Depends on the issue with the "holein the fence" and what "playing outside" entails. If your dog was improperly unsecured and got into some other area - you can sue but not likely successfully or in a financially viable fashion. If they had control over your dog and were negligent in handling him or maintainng a secure area such as a dog run, then probably yes. ... Read More

Depends on the issue with the "holein the fence" and what "playing outside" entails. If your dog was improperly unsecured and got into some other... Read More

Son left for college. Asked mom to keep his dog. Mom went on business trip and when other two kids went to their dads asked him to also watch

Answered 8 years and 5 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

"I have grown to love this dog."...Seriously? in what is described as about one week? This has ALL of the trappings of a divorced parent "competiton" issue where the dog is but a weapon in an arsenal of ongoing controversy between the parents. Bottom line is its not Dad's dog and presumably its still the son's dog, with mom taking care of it while away at college. Properly the dog should be returned to Mom to care for while son is away, absent the son saying different ... Read More

"I have grown to love this dog."...Seriously? in what is described as about one week? This has ALL of the trappings of a divorced parent "competiton"... Read More

power line fell I reported it they didn't fix the whole line next am it killed my dog do I have a case?

Answered 8 years and 5 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

Nope - it was up to you to control your animal especially since you were aware of the downed power line.

Nope - it was up to you to control your animal especially since you were aware of the downed power line.

My small Yorkie dog was brutal attack by two pitbulls that live just a couple of houses down from me. Can I sue the owners

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

Yes - but unfortunately such cases are typically not covered by insurance and are NOT contingent fee cases, but rather hourly rate/retainer cases if they are to be pursued.

Yes - but unfortunately such cases are typically not covered by insurance and are NOT contingent fee cases, but rather hourly rate/retainer cases if... Read More

Am I liable if one neighbor's loose dog bites someone else's child on my property?

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

Not on the facts presented - BUT - since you had prior knowledge of the dogs propensity depending on ALL of the facts when review - there might be an argument that you were negligent in some fashion or manor.

Not on the facts presented - BUT - since you had prior knowledge of the dogs propensity depending on ALL of the facts when review - there might be an... Read More

How to receive a refund when you as sold a dangerous animal

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

YOu will need to retain a lawyer in the state where the horse was purchased as a start.

YOu will need to retain a lawyer in the state where the horse was purchased as a start.

Wife was bitten on our property by neighbors dog

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

He said/she said issues and a Hatfields vs. McCoys case.

He said/she said issues and a Hatfields vs. McCoys case.

can I sue the puppy store?

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

To be clear - and ESA is NOT a service animal. They are two different things. Without knowing why the puppy was dead, its impossible to answer this question otherwise.

To be clear - and ESA is NOT a service animal. They are two different things. Without knowing why the puppy was dead, its impossible to answer... Read More

Hello,I have a service animal who helps me with a disability. I was rejected from a condo because its not a seeing eye dog? How do I fight this?

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

You need to hire a lawyer to file anFHA discrimination claim as they cannot discriminate if you have a legitimate service animal.

You need to hire a lawyer to file anFHA discrimination claim as they cannot discriminate if you have a legitimate service animal.

Dog bit my dog's eye.

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

Just because your dog lost the battle and you have biills does NOT inherently mean the other dogs owner is liable. There are a number of considerations that go into such a determination. If the bills are substuantial, it may justify hiring a lawyer to initiate a claim with the home owners insurance, which unfortunately may have an exclusion, and to see if the home owner can be persuaded to agree to at least contribute to the bills. ... Read More

Just because your dog lost the battle and you have biills does NOT inherently mean the other dogs owner is liable. There are a number of... Read More

gross negligence, malpractice, a duty to protect my furbaby while he was in his custody

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

First - you will do well NOT to refer to your pet as a "furbaby" as it conjure up radicallized hyper sensitive animal rights activist social justice warrior conotations that will not only NOT help you find a lawyer but will likely drive them away. That stated, you will need to ge ta complete copy of the vet records for all vets involved and have them reviewed by a vet, as an expert and at some expense, to see what the record show happened. As it appears that your pet may have had a complicated medical history this wil lneed to be addressed directly by the expert. IF the expert finds some fault on the part of a vet, then you would have a potential claim to pursue. Be prepared to pay out of pocket for such a lawyer as 99% of vet malpractice cases are not cost effective simply due the status of pets as personal property. ... Read More

First - you will do well NOT to refer to your pet as a "furbaby" as it conjure up radicallized hyper sensitive animal rights activist social justice... Read More

Can animal control declared a domesticated house a feral cat based on it being terrified and panicked.

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

Asking silly questions gets silly answers. Of course one cannot delcare a cat "feral" simply because its scared. HOWEVER that is NOT likely the scenario according to animal control. Moreover if your cats are being "trapped" that means they are strays and AC owes you no obligation to guess who the cat belongs to. It is the owners responsility to ensure they stay on your property. ... Read More

Asking silly questions gets silly answers. Of course one cannot delcare a cat "feral" simply because its scared. HOWEVER that is NOT likely the... Read More

Can the City of Sunrise make me double muzzle my dog if she is not a dangerous dog?

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

Possibly - bBecause Jeffery Dahmer's mother would argue he was a kind soul that wouldn't hurt a fly and was simply misunderstood dog owners are not the arbiters of their animals propensities to be dangerous. Unless you want to spend tens of thousands of dollars on lawyers fighting over an ordinance - best bet is to comply. ... Read More

Possibly - bBecause Jeffery Dahmer's mother would argue he was a kind soul that wouldn't hurt a fly and was simply misunderstood dog owners are not... Read More

My elderly neighbor has Alzheimers and "steals" my cat

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

This is ALL your fault not the elderly neighbors. This is solved by YOU controlling your cat, not expecting an elderly neighbor with dementia to abide by your directions. "It is not an option to keep her in my house because of another pet.".....again, this is YOUR responisbility no one elses. If this remains an issue you may have to choose between pets or make some other accomodations or inconveniniences. ... Read More

This is ALL your fault not the elderly neighbors. This is solved by YOU controlling your cat, not expecting an elderly neighbor with dementia to... Read More

Can the owner of the apt where I am rented kick me out for having a dog?

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

Yes, if there is no lease, and you are month to month 15 days is all thats needed. That you have no where to go is of no consqeunce asyou can't stay there. DO NOT make the LL evict you as this would make a permanent public record of the eviction and may prevent you from renting elsewhere. ... Read More

Yes, if there is no lease, and you are month to month 15 days is all thats needed. That you have no where to go is of no consqeunce asyou can't stay... Read More

Pet Store Band

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

This is really a political issue intertwined with a legal one. You will want to hire a lawyer to attend the commission meeting and work with you to prevent any adverse ordinance changes or actions. This unfortunately, is not an inexpensive legal issue so you may want to get others to contribute. ... Read More

This is really a political issue intertwined with a legal one. You will want to hire a lawyer to attend the commission meeting and work with you to... Read More

Am i responsible for complications

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

For $1,000.00 its not likely worth fighting over on the basis that "the vet sucks". If you agreed your dog was in the wrong and signed an agreement the agreement controls, by whatever yerms it has, but figting over the value icourt may not be worth it to either side.

For $1,000.00 its not likely worth fighting over on the basis that "the vet sucks". If you agreed your dog was in the wrong and signed an agreement... Read More

My frienx hzs a cat. Dhe is the owner. Her husband gave iy for acotion yo pet alliance without her permission. She wants her cat back. It is afecting

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

Nothing - if they are married its likely "thier" cat and the husband has the equal right to give it away,. This is a marital issue first and foremost not a legal one.

Nothing - if they are married its likely "thier" cat and the husband has the equal right to give it away,. This is a marital issue first and foremost... Read More

Hello, we let a coworker watch our dog until we could get back on our feet. they wont return our dog. do we have enough proof to get dog returned?

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq. | 1 Answer | Legal Topics: Animal

You have a lot more to address than just evidence of former ownership. If the dog means that much to you, to file a lawsuit, it means that much to spend money and hire a lawyer to address it properly. Otherwise, what you are REALLY saying is that the dog means little compared to your ego and the need to fight with the other party. Other than the other party just caving in due to the lawsuit - its likely that you will run into heavily controverted issue, especially if you expect to prove the dog wasn't either abandoned or given away. ... Read More

You have a lot more to address than just evidence of former ownership. If the dog means that much to you, to file a lawsuit, it means that much to... Read More

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