Animal Legal Questions

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

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

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

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 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

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

Such an agreement is legal. The parties to a settlement dispute can agree to any terms that they want. It is not unusual to have a non-discloure agreement in settlements. In this case, the vet wants you to agree to not post anything negative. If posting something negative is more important than receiving the money, then do not agree to the settlement. However, if you take the money and agree to not post anything negative on social media, then you can not do  so.... Read More