Virginia Animal Legal Questions

I am sorry to hear about your child's injury. You should make sure that animal control is told of the event. They will have the power to investigate and demand some answers from the owner.  I think you should also ask the owner for the information you seek and also  for their home owner's insurance information. The bite should be reported to this insurer if any. The insurance company would be responsible for any liability of the dog owner and may also have medical payments coverage to help with the bills regadless of fault. I hope your daughter heals well, but would be concerned about scarring. You should get her to a doctor for follow-up.... Read More

Yes, this sounds like a case of negligence in what we call a bailment - where someone was entrusted to hold and care for your property for you and you paid them to do that.  The problem is that all you can recover is the value of your dog and dogs are generally not worth much.  Unless it was a purebred, a service animal, or some other dog of specific value, most dogs are basically free.  The law does not recognize the sentimental value of your dog, although this is starting to change.  Who knows, maybe if you put it to a jury, they will agree with you that your dog is not worth nothing and they could award you some compensatory damages for your loss.  However, to prepare for and put on a jury trial takes a lot of work and you are unlikely to find a lawyer who would take this case on a contingency. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Your "friend" is violating so many laws I don't even know where to start.  What you had was an oral contract for a bailment, where your friend was entrusted to care for your property for a certain period of time.  I don't know if you were paying her anything for this or not, but I assume there was an understanding that the cat would be returned to you at some point.  If you have not already done so, I suggest putting your request in writing and giving her a deadline to comply.  After that, you may want to file a Warrant in Detinue in the General District Court, to request the return of your property (your cat).  Unfortunately, if she won't give back the cat, the court can only award you the alternate value of the property and cats are not worth much actual money.  However, she herself has valued the cat at $5,000, so you could try for that. Your other alternative is to go to your local magistrate and bring criminal charges against her for theft and extortion.  Just be sure not to threaten her with criminal charges in order to gain an advantage in the civil case - that is the worst thing you can do.  Then you would essentially be guilty of blackmail.  Either bring criminal charges or don't, but don't use them as leverage.  I think your biggest hurdle in all of this is proving that the cat is yours.  What document or evidence do you have that the cat belongs to you?  Can you overcome any assertion she makes that you gave the cat to her? This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.      ... Read More