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346 legal questions have been posted about animal law by real users. 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.
Animal Questions & Legal Answers - Page 10
Do you have any Animal questions page 10 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 346 previously answered Animal questions.

Recent Legal Answers

Is it the kennels responsibility if my dog was hurt on their watch?

Answered 9 years and 5 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal
Yes the kennel is responsible.
Yes the kennel is responsible.
Here is the issue. Pitbull owners in conjunction with too many sleazy "physicians" and "vets" have abused the SA/ESA status to circumvent pet rules or bad dog blacklists. A few years ago, HUD issued a clarification that ESA's are not service animals under the ADA, and they can ask the following:  (1) Does the person seeking to use and live with the animal have a disability — i.e., a physical or mental impairment that substantially limits one or more major life activities? (2) Does the person making the request have a disability-related need for an assistance animal? In other words, does the animal work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person's existing disability? This opens the door for disputes about the merits of the ESA issue. Once there is a legitimate establishment of the ESA, then other considerations such as risks of harm or damage must be addressed based on the specific animal not breed fears etc. The cannot just arbitrarily "disapprove" and do so at great risk if the ESA issue is legitimate.  That being said, most lawyers will NOT take a "pitbull ESA" case unless it is clearly and demonstrably legitimate....and that means more than some internet vet or psychologist with a one stop visit firing off a letter, unless the client is paying an hourly rate and retainer. In contrast, if someone has documented history of PTSD as a veteran, treating regulalrly at the VA, its another issue.   ... Read More
Here is the issue. Pitbull owners in conjunction with too many sleazy "physicians" and "vets" have abused the SA/ESA status to circumvent pet rules... Read More
You can certainly hire a lawyer to represent your rescue, but don't expect them to do so looking for the other party to pay legal fees, as opposed to you doing so. They will generally expect YOU to pay the legal fees and then you can seek reimbursement from the other side. 
You can certainly hire a lawyer to represent your rescue, but don't expect them to do so looking for the other party to pay legal fees, as opposed to... Read More
If you are willing to spend the thousands of dollars associated with a lawsuit to address this, then you can seek your vindication. Otherwise, if you expect to be offended and others to champion your cause at thier expense, you are not likely to get very far and be very frustrated. 
If you are willing to spend the thousands of dollars associated with a lawsuit to address this, then you can seek your vindication. Otherwise, if you... Read More

Dog attacked and hurt individual

Answered 9 years and 7 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal
If the dog had bitten someone before, then the dog owner is liable for damages. If the dog had bitten before and the homeowner (the trust) was aware of this bite, then the homeowner/trust would be liable for damages.
If the dog had bitten someone before, then the dog owner is liable for damages. If the dog had bitten before and the homeowner (the trust) was aware... Read More

Some one is using my name on face book to accuse me of things I have not done

Answered 9 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
If you can ID the person making the statements you would have a potental defmation case against the individual. We do that litigation however it not on a contingent fee but rather retainer/hourly rate. There are no lawyer I know of that habdle such caes on a concontungent fee for avariety of reasons.... Read More
If you can ID the person making the statements you would have a potental defmation case against the individual. We do that litigation however it not... Read More

We want to remove 6 alpacas from our land what can we do?

Answered 9 years and 8 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal
I would suggest that you send the divorcing couple a certified letter telling them that they  have a certain time period to remove the Alpacas from your land and that if they don't do so then you are going to donate the Alpacas to the High Meadows Alpaca Farm in Leiper's Fork, Tennessee.  If they do not come to pick up the Alpacas within the timeframe that you gave them, then you should contact High Meadows Alpaca Farm and dontate the Alpacas to them.    ... Read More
I would suggest that you send the divorcing couple a certified letter telling them that they  have a certain time period to remove the Alpacas... Read More

Boarding barn situation

Answered 9 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
Who knows because you havebeen making agreements in a legal situation without any lawyers involved and its simply impossible to tell what you have done or agreed to or not done or not agreed to. Practically your best bet is to pay her off immediately and make better decisions in the future. ... Read More
Who knows because you havebeen making agreements in a legal situation without any lawyers involved and its simply impossible to tell what you have... Read More

is it legal to own chickens in your backyard

Answered 9 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
Depends on the local codes and zoining restrictions typically. 
Depends on the local codes and zoining restrictions typically. 

How do I get my dogs back from my ex ? They are in my name.

Answered 9 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
YOu get a Sheriff and proof of ownership and have them escort you to retrieve them and keep the peace. If they wont you have to sue in court, and for which you will need to spend money on a lawyer to handle properly. 
YOu get a Sheriff and proof of ownership and have them escort you to retrieve them and keep the peace. If they wont you have to sue in court, and for... Read More
UNless the lease addresses this otherwise, if the condo rules prohibit pitbulls, you will have to get rid of the dog, work out leaving with the LL or likely be subject to eviction. 
UNless the lease addresses this otherwise, if the condo rules prohibit pitbulls, you will have to get rid of the dog, work out leaving with the LL or... Read More

What are my rights

Answered 9 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
You will certainly have a legal claim, the problem will be enforcing it due to the financial issues. 
You will certainly have a legal claim, the problem will be enforcing it due to the financial issues. 

Can animal control or law enforcement obtain your phone number from electric company?

Answered 9 years and 10 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal
I know of no case law that requires law enforcement to obtain a search warrant to get information from an electric services to get information on their customers. There have been numerous criminal cases where law enforcement contacted electric services to provide information on the customer to determine who resided at an address as a basis for obtaiing a search warrant. However, in none of  these cases was the obtaining of the information from the electric service challenged.... Read More
I know of no case law that requires law enforcement to obtain a search warrant to get information from an electric services to get information on... Read More

who has rights to the kittens the owner of the cat that was left behind or the person taking care of the cat and kittens

Answered 9 years and 10 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal
if the owner of an animal abandons the animal, showing an intent to relinguish ownership, and another finds the animal, the finder of the animal is the new owner.
if the owner of an animal abandons the animal, showing an intent to relinguish ownership, and another finds the animal, the finder of the animal is... Read More

What else the guy can scam me for? I believe he lied to animal control.

Answered 9 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
No. Regardless of whether you think its a scam or not, fact is, you allowed your dog to bite someone. If he is making a big deal outof it, you will simply have to contend with it and  go through the process with animal control. If you think he is going to demand money from you, you may want to retain a lawyer handle this immediately, as most scammers are not inclined to tangle with lawyers, simply because its too much effort and too little reward in most such cases.... Read More
No. Regardless of whether you think its a scam or not, fact is, you allowed your dog to bite someone. If he is making a big deal outof it, you will... Read More

My son was bitten by a dog. What can I sue for?

Answered 9 years and 10 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal
Not only can you sue for the medical bills, you can also sue for pain and suffering and any disfigurement that may have been caused.
Not only can you sue for the medical bills, you can also sue for pain and suffering and any disfigurement that may have been caused.

Can I follow up with an adopter to check on the animal?

Answered 9 years and 10 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal
Go the shelter and ask them who adopted the dog and explain your reason for wanting to know.
Go the shelter and ask them who adopted the dog and explain your reason for wanting to know.

My dog bit another dog while we were staying with friends

Answered 9 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
"he proceeded to try and play with it they owner of the house pulled the dog out of his mouth and injured the dog" that is about the most unrealistic statement swaddled in denial I have ever heard. Translated, "your dog tried to eat the little dog and the owner SAVED it". YOU are responsible for controlling your dog...period ...end of story. If it bit another dog or anyone else, its YOUR responsibility. ... Read More
"he proceeded to try and play with it they owner of the house pulled the dog out of his mouth and injured the dog" that is about the most unrealistic... Read More
Absent the truck driver running his vehicle into your yard, its obvious your dog was NOT in your yard. You'll have to deal with the local animal shelter that has your dog to get him back at your expense. You need to keep your dog ina fenced are or inside to prevent this from happening again.... Read More
Absent the truck driver running his vehicle into your yard, its obvious your dog was NOT in your yard. You'll have to deal with the local animal... Read More

is the vet office responsible to give disharge order how to take care of a sick dog

Answered 9 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
I anticpate the vet will have a dramatically different version of what was advised or not. Unless you have some clear evidence to the contrary, or there is something the vet did inherently wrong, this is not likely a viable case. In the meantime, you need to get your pet to another vet to examine the issue and take care of your animal. ... Read More
I anticpate the vet will have a dramatically different version of what was advised or not. Unless you have some clear evidence to the contrary, or... Read More
Not likely. It provides no service to YOU hence you liekly do not meet the ADA or FHA standard.
Not likely. It provides no service to YOU hence you liekly do not meet the ADA or FHA standard.
and your question is what exactly?
and your question is what exactly?

How long can animal contol harass me about my cats when i no longer have them

Answered 9 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Animal
If there are no animals on the property can't imagine Animal Control can do anything at all.
If there are no animals on the property can't imagine Animal Control can do anything at all.

Can I own a gun with charges dismissed or no conviction on an animal cruelty case???

Answered 10 years ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal
The best source for getting your question answered is the Handgun Permit section of the Tennessee Department of Safety.
The best source for getting your question answered is the Handgun Permit section of the Tennessee Department of Safety.

protect my dogs

Answered 10 years and a month ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Animal
when you say you live in a "non animal state", what do you mean?
when you say you live in a "non animal state", what do you mean?