New York Animal Legal Questions

It's difficult to say without speaking with you further, but, just speaking very generally - you may be able to initiate a suit against him for custody of the animal. One thing that would be important to note is that you indicate that you were the one who paid for the dog, and that you paid for vet bills and care of the dog as well, all of which is in your favor. With that being said, he may also have an argument that you purchased the dog as a gift for him. Your best bet though is to speak with an attorney and go over all of the specific details in your case. ... Read More

Courts take these cases seriously. You can sue for custody of your dog. In addition to proving that you paid for all the dog's expenses, you need to prove you're the better person to take care of the dog due to the amount of time you spend with the dog, the quality of the living space the dog has with you, etc. The court will hold a hearing and make the decision based on "the best interests of everyone involved."... Read More

Animal custody cases can be brought in District, City, Village or Supreme Courts. If your son's ex girlfriend sues for custody, there will be a hearing, and the judge will hear evidence and testimony and the decision will be made based on the best interests of everyone involved. The court takes into account who spends the most time with the dog, who's paid vet bills, who has a place that's most comfortable for the dog, etc.  Sometimes the court awards joint custody, depending on the facts of the case. ... Read More

The answer is yes- but it's not clear she will win. Courts treat animal custody cases seriously, and will look at all the factors- who spent the most time with the dogs, walked and fed them, as well as veterinary and grooming expenses. A court might award shared custody, or custody to one of you with visitation to the other. The standard the court uses to make the decision is "the best interests of everyone involved."... Read More

The doggie daycare facility is mistaken. If you can prove that your dog acquired the illness at the facility and it was not a pre-existing condition, to which you will need a veterinarian to testify, the facility should be liable for the full veterinary bill for breach of contract for failure to take your dog to the veterinarian. You may also be able to make a complaint to a district attorney under the NY AML (Agriculture & Markets Law) section 353 for allowing an animal be unjustifiably tortured or injured by failure to take your dog to a veterinarian, and under AML 356 for failure to provide your dog with adequate water for nearly two weeks, leading to your dog's dehydration and illness, both of which are misdemeanors. You can also make a complaint to the Better Business Bureau. ... Read More

I am so sorry for your loss. I can't tell you how many times when out for a walk, I've had to grab my 7lb toy poodle dog away from large dogs who are off the leash or carelessly leashed, letting them come right up to my dog. The law is heartbreakingly callous in wrongful death of a pet cases, whether by veterinary malpractice or in your situation, in every jurisdiction in the country with a exception of a few rare, isolated cases. You would likely be able to collect either the cost of euthanizing your dog or the market value of your dog- whichever is less, unless you could prove the dog had a "special value" to you (service animal, prize-winning show dog, etc.).  Even in those situations, the value is usually put at a few hundred dollars. And I am assuming you are completely without fault here- I'm not even going to ask how it happened. There is no compensation available under the law for the emotional distress associated with losing a pet. ... Read More

Actually, it's more than good enough. You're lucky your dog didn't run into the street and bite somebody, because if she had, guess who would have been responsible? You. Not your oil company. Next time check your gate before you let the dog out, or better yet, put your dog on a leash and take her for a nice walk. If she takes off running at first opportunity, she obviously needs some exercise.  ... Read More

You need to start an action for replevin, which your ex will be forced to defend in a New York court. The court will consider all the factors involved- who acquired the dog, who spent the most time with theh dog, paid for veterinary care, etc.-  and will likely use the standard of "best interests of all involved" in deciding to whom to award custody of Bijou. ... Read More

If you can prove you were bitten by her dog, and not your father's dog, you have a case. The fact that this person crossed the street with her dog and walked toward you AFTER the dogs started barking at each other is very strange, and shows something more than negligence- it seems like the malicious instigation of a dog fight. Keep in mind that since your father's dog broke our of your grip and, apparently, out of your father's yard, if you start a lawsuit, she will likely bring your father into it, and you and he will likely be assigned some degree of fault.  From now on your father MUST keep the dog better secured in his yard, and you should NEVER be put in a position of watching a dog you can't control, or breaking up a dog fight- nobody should. ... Read More

You called the police, but did you make a police report? You must do that in order for them to take action. If you did make a police report, you didn't say how much time has gone by.  Follow up with the police, and if they are unable to get the dog back for you for some reason (if, for example, the person claims they have some ownership right to your dog) you may need to hire a lawyer to sue the thief for replevin, to get back possession of your dog. ... Read More

Under the NY Pet Lemon Law, if you have your puppy certified "unfit for purchase" by a veterinarian within 14 days of purchase, you can return the puppy to the store for a replacement pet or full refund, OR keep the puppy and be reimbursed for your veterinary expenses up to the purchase price of the pet. ... Read More

You left your pet with a petsitter for months- and now the sitter wants compensation. That's reasonable. Check out the going rate in your town for petsitting, and you may find that $1500 is more than fair. Try to make a deal for a payout. If you sue for your pet back, you'll likely get countersued for the cost of petsitting (dog food isn't free),, and you may not get your pet back if the judge concludes you gave your precious dog away. ... Read More

Until recently, pets were considered property, and their distribution in a divorce or break up situation was treated accordingly. The law has evolved , and courts now consider many factors in making a determination of who gets the pet. The standard is the best interests of everyone involved.  You don't say whether the family court order was on consent- if it was, it will be difficult to challenge. If a decision was ordered by a judge after a hearing or submission of papers, there are strict deadlines for appeal- but it can be appealed if the deadline hasn't expired. If circumstances have changed since the order, you might have grounds for bringing a new action to get the dog back. If you provide more information I'd be happy to give you a better answer. ... Read More

I can't tell you how many calls I get from people whose dogs bit someone, but they never bit anyone before, "except those two other times, but it wasn't his fault!". You are very lucky Pickles didn't bite the man with the "small mean dog" in the second encounter. Your "harmless" 2 year old Pickles now has a history of a biting a person severely enough to require an ER visit for the man, confinement for Pickles, and of going after the same smaller dog twice. Pickles now has a known "vicious propensity". And the person in your leasing office knows it. Even if the second bite didn't happen, there was a second encounter that justifiably terrified your neighbor- and you can be sure he told the leasing office about being bitten the first time. That means you will be liable if sued next time your dog bites and injures someone- or that person's pet. Even if the person walking your dog was your daughter- because she's a minor. Depending on the language in your lease, Pickles' bad behavior could even jeopardize your tenancy if it happens again. You obviously received a written order from a local authority requiring a mandatory 10-day at home quarantine for Pickles- so clearly there was a real bite, or there would be no confinement. Since it was at home, Pickles was current on his rabies vaccine. Without proof of rabies vaccine, he could have been confined at a vet or other facility- at your expense.  It doesn't sound like you were the person walking Pickles when he bit your neighbor. Whomever was walking him can't control him if the small dog owner had to break up the fight. Few things are more liable to get you a bad dog bite than putting your hand  inside a dog fight.  If it was your 13 year old walking Pickles, that's a problem. If Pickles can drag your 13 year old even a few feet, she can't control Pickles- and shouldn't be walking him alone. What if she and Pickles encounter a BIG mean dog- what would you expect her to do then? Pickles should get professional dog training. A 2 year old dog (especially one with a history of biting- which Pickles now has) should not be pulling so hard on a leash that it drags its owner.  Until Pickles is well trained- or your daughter puts on 10 pounds of muscle- get another dog walker.  My ultimate advice to you: send your neighbor a get-well card with a sincere apology (not an admission of fault. An apology.), and some chocolate. You frame these dog bite/attack scenarios as though they were somehow your neighbor's fault- but they were not. The person with the bigger dog needs to be more vigilant about controlling their animal. And if they are too small to do so, they should NOT be responsible for walking your dog! The chocolate and card might not prevent a lawsuit (but it might!), but it will likely restore a little peace to your neighborhood. ... Read More