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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.
Florida Animal Questions & Legal Answers - Page 6
Do you have any Florida Animal questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 227 previously answered Florida Animal questions.
Animal Law
Florida

Recent Legal Answers

I am looking to file a civil suit against my neighbor for his dog coming into my back yard and killing my yourkie

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
Just need to plan on spending severl thousand dollars on legal fees to get such a lawsuit started and hire a lawyer to pursue the lawsuit ASAP. 
Just need to plan on spending severl thousand dollars on legal fees to get such a lawsuit started and hire a lawyer to pursue the lawsuit ASAP. 

Can a puppy contract be enforced?

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
Contracts are contracts and they operate by thier terms. Unless you want to spend lots of money fighting over the issue - look elsewhere for a puppy. 
Contracts are contracts and they operate by thier terms. Unless you want to spend lots of money fighting over the issue - look elsewhere for a... Read More

Can they stop me from moving in since my dog is on that list?

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
Its possible but a risky porposition for the LL. Equally, if youare showing up with your ESA pitbull and a bogus online rent-a-doc plopping out a letter of need for $500.00 you equally could run into some issues. If you have a legitimnate disability an ESA is not a pet and pet rules dont apply. ... Read More
Its possible but a risky porposition for the LL. Equally, if youare showing up with your ESA pitbull and a bogus online rent-a-doc plopping out a... Read More

Our HOA is trying to label our dog dangerous- he bit another dog. The first time the dog was on our property,second time in front of house. Same dog

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
You will likely need to hire a lawyer to deal with this HOA dispute. Unfortunately, HOA battles are often very costly so you will need to plan on spending several thousand dollars on legal fees just to get started on dealing with such issues. 
You will likely need to hire a lawyer to deal with this HOA dispute. Unfortunately, HOA battles are often very costly so you will need to plan on... Read More

My diabetic dog died after dental surgery. She was left alone at the facility after it closed for 12 hours with no monitoring of her vials

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
If yo asking about a vet malpractice case - this can be addresed - however they are generally NOT contingent fee cases and usualy require a significant financial investment to pursue as you will usually have to hire the lawyer out pocket with a retainer/hourly rate case. 
If yo asking about a vet malpractice case - this can be addresed - however they are generally NOT contingent fee cases and usualy require a... Read More

Can I get ownership of my dogs of 9 years even if my ex has been taking care of them?

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
Maybe - depends on the details. YOu will likely have to file suit if the other person won't give you your dogs back as dogs are considered personal property. 
Maybe - depends on the details. YOu will likely have to file suit if the other person won't give you your dogs back as dogs are considered personal... Read More

I have a registered and documented emotional support animal. My condo association has given me 20 days notice to remove animal from my villa.

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
This may be an ADA claim violation. You need to contact a lawyer in your area that does this type of legal work. If you are in the Tampa area you can contact our office for a free in office consultation to see if we can help. 
This may be an ADA claim violation. You need to contact a lawyer in your area that does this type of legal work. If you are in the Tampa area you can... Read More

Can a Vet be sued for malpractice ?

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
Yes - but they are very expensive cases to pursue and not usually done on a contingent fee, so you will have to pay the legal fees out of pocket. 
Yes - but they are very expensive cases to pursue and not usually done on a contingent fee, so you will have to pay the legal fees out of... Read More

What can you do if the animal shelter come take you dog and you just move to that city only been there a day and they never contact you

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
other than using Ms. Cleo - how would you expect animal control to realize its your dog. It was your responsibility to liscense the dog and to check animal control if it was missing otherwise. 
other than using Ms. Cleo - how would you expect animal control to realize its your dog. It was your responsibility to liscense the dog and to check... Read More

How can I get legal custody of my exboyfriends dog?

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
You don't. Its his dog - plain and simple. If he wants to he can give it to you but if not - thats the end of that.
You don't. Its his dog - plain and simple. If he wants to he can give it to you but if not - thats the end of that.

Is a business owner who is paid by providing horse back riding on trails on her property liable if I fall from her horse FLORIDA LAW

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq.   |   2 Answers   |  Legal Topics: Animal
Generally, the stabe owner is right - its called assumption of risk, papers signed or not. As to the insurance aspect the stable owner would beequally entitled to expect you had health insurance for such things. If there are facts you believe put this in a gray area of negligence, you will typically need to retain a lawyer(at your expense) to file suit and start gathering the facts to support your belief. Unfortunately, absent catastrophic injury and a collectible defendnt these cases are not contingent feec cases for 99% of lawyers.... Read More
Generally, the stabe owner is right - its called assumption of risk, papers signed or not. As to the insurance aspect the stable owner would... Read More

Service Animal

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
You don't and the LL likely violates the ADA if the animal is a LEGITIMATE service animal and not an ESA or fake service animnal used to circumvent "pet restrictons" on undesireable breeds often with internet or sham medical documents. You may want to show them to satisfy the LL and then hire an attoney to sue over being forced to do so.  ... Read More
You don't and the LL likely violates the ADA if the animal is a LEGITIMATE service animal and not an ESA or fake service animnal used to circumvent... Read More

live in an hoa that allows 2 animals, my daughter found two kittens 3 years ago and rise them, now the association is forcing us to call humane

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
You won't find reliable "guidance" in a legal sense in an internet blurb. You will have to actually retain a lawyer for that purpose. YOU will start with having to decide whether your daughters well being and the kittens are worth the $1,000.00 payment, whcih BTW will be far cheaper than any legal fees you'll spend. Other than being histrionic - if your daughter is making the comments you reference you will need to seek IMMEDIATE psychological counseling as she obviously has some deep seated issues that may well extend well beyond the issues with the kittens regardless of how this all plays out. If she won't  go, then you may have to consider Baker Acting her for her own safety. If you just ignore the HOA they will allow the fines to accummulate and ultimate foreclose on the property. ... Read More
You won't find reliable "guidance" in a legal sense in an internet blurb. You will have to actually retain a lawyer for that purpose. YOU will start... Read More

I paid a deposit to a breeder for a puppy, but there was never a written or oral contract. Turns out, the breeder is a crook. Can I get my money back?

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
This is not that the breeder is a crook (though he may or may not be) but rather you gave a deposit on an animal and then changed your mind. You don't typically get to do that. You research the product or items you wish to buy BEFORE you spend money on them. This issue combined with a multi-state transaction make any legal remedy simply financially untenable. IF you want to spend thousands of dollars out of pocket to make point or expose what you claim to be an unscrupulous breeder (and ther are pleanty of those) you have the legal right but it will cost far far more than the money youlost. ... Read More
This is not that the breeder is a crook (though he may or may not be) but rather you gave a deposit on an animal and then changed your mind. You... Read More

Livestock attacked by dogs

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
There is no way to know the answer to the questions posed other than by taking your chances and see what develops. Otherwise if the bad people are judgment proof you may not have a remedy unless you have your own insurance coverage. 
There is no way to know the answer to the questions posed other than by taking your chances and see what develops. Otherwise if the bad people are... Read More

service dog

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
No. A legitimate service dog is NOT a pet and charging pet fees for a legitimate service dog is an ADA violation. 
No. A legitimate service dog is NOT a pet and charging pet fees for a legitimate service dog is an ADA violation. 

I and my domestic partner are being denied occupancy of our apartment because we have two service animals. Is this legal?

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
If they are true service animals and not emotional support animals  - you are not required to provide proof of anything nor doctors reports under the ADA. You need to retain counsel immediately to address this. 
If they are true service animals and not emotional support animals  - you are not required to provide proof of anything nor doctors reports... Read More

My dog had surgery for a torn ACL & also got nurtured

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
Possibly - but such a case will cost equal to or more in legal fees than the $3,000.00 paid for sure. 
Possibly - but such a case will cost equal to or more in legal fees than the $3,000.00 paid for sure. 

My daughters boyfriends dog has lived with us for 2 years. They broke up and he gave her dog..now he wants dog back..do we have to return?

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
No the Sheriff department cannot - this would likely be a required civil suit over ownership of the dog. 
No the Sheriff department cannot - this would likely be a required civil suit over ownership of the dog. 

i am not sure what area of practice I need to looking into for a lawyer

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
General civil trial lawyer is what you are looking for. This will be the classic Hatfield v. McCoys battle over you and your dogs conduct vs. the neighbors response - video or not. As you can already see - there will be serious issues with your claim the dogs are only outside with with you present to "do the thier business" so this would either bizzarely mean the neighbor is throwing fire crackers at your dogs to stop them barking while you are present as opposed to you not being accurate about the dogs alwats being inside and not barking. Either way- this will be expensive litigation so you will need to be prepared to get out your wallet. ... Read More
General civil trial lawyer is what you are looking for. This will be the classic Hatfield v. McCoys battle over you and your dogs conduct vs. the... Read More

Need to understand options relating to apparent negligence on the part of veterinarian resulting in the death of our beloved 13 year old cat.

Answered 9 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
While its possible to pursue such a case - most such claims are NOT handled on a contingent fee for a variety of financial reasons. If you are inclined to spend the money - and it may well be substantial - there are many lawyers could assist you in pursuing such a claim. 
While its possible to pursue such a case - most such claims are NOT handled on a contingent fee for a variety of financial reasons. If you are... Read More

Can a dog be euthanized at a non kill shelter without consent from owner?

Answered 9 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
Sooooo you surendered your dog - and THEN expected that you would still have rights to the animal? Did you even READ the paperwork and the signs, etc etc? Surrendering your pet at a shelter of any type is YOU gving the pet away and giving up all rights to the pet once that occurs. This is the equivalent of giving up a child for adoption - you never see them again and have no rights to know about them or where they are placed etc. They are NOT depositories where you drop off a pet and they feed them and care for them for free and you can have them back at your pleasure if you change your mind. That stated, even "no kill" shelters typically have policies for euthanizing .....they are just more discriminiating or as private entities are simply more selective in animals they take since they are not required to accept strays etc. You will need to review the shelters "kill policy" and then figure out if they violated it somehow or are claiming to be "no kill for space" and are lying about it to pet donors. IF you find that to be true you can call the State Attorney General and if you have the money to spend - retain a lawyer to file suit to address the issue. ... Read More
Sooooo you surendered your dog - and THEN expected that you would still have rights to the animal? Did you even READ the paperwork and the signs, etc... Read More

How to fight a wrongful failure to comply citation

Answered 9 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
No way to answer such an issue without seeing all the documents and the allegations. There is obviously a serious disconnect here somewhere. I suspect this has to do with a dog you had on your property that may be someone elses dog for some event or issue. 
No way to answer such an issue without seeing all the documents and the allegations. There is obviously a serious disconnect here somewhere. I... Read More

I sold a puppy that I had bought from a Breeder, now I'm being sued

Answered 9 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
A cash deal is still a contract and sale of puppies is a regulated transaction in Florida under Fla. Stat. 828. If they have filed suit you will likley need to retain a lawyer to defend this issue before it gets out of hand. 
A cash deal is still a contract and sale of puppies is a regulated transaction in Florida under Fla. Stat. 828. If they have filed suit you will... Read More

I was denied accsess to a gov building with my service dog do i have a case

Answered 9 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
Probably - though most lawyers don't like ADA cases against the government for a variety of financical reasons. 
Probably - though most lawyers don't like ADA cases against the government for a variety of financical reasons. 
Animal Law
Florida

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