Liability for Adopting-Out Dogs: Legal Responsibilities of Transferors
When adopting out dogs, sellers, shelters, rescue organizations, and adoption groups—whether public, private, or nonprofit (collectively referred to as “transferors”)—have legal obligations that must be upheld. Failing to meet these responsibilities can lead to civil liability, criminal charges, and a loss of public trust.
Who Is Liable After a Dog Changes Ownership?
Typically, a prior owner of a dog is not held liable for harm caused after transferring ownership, provided:
- They retain no further interest in the dog.
- They did not misrepresent the dog’s temperament or safety.
A landmark case, Blaha v. Stuard (2002) 640 NW 2d 85 (South Dakota Supreme Court), offers an in-depth discussion of liability after ownership transfers.
When Transferors Can Be Held Liable
A transferor can face liability if:
- The dog is known to be dangerous or has shown a dangerous propensity to harm people or other animals.
- The dog is misrepresented as safe without a reasonable basis for that assurance.
- There is no signed disclosure of the dog’s bite history and circumstances of the bite, in a state that requires it.
Dogs known to be vicious or dangerous should either be properly treated or humanely euthanized if they cannot be safely rehomed. Even states with “no-kill” policies, such as California, allow euthanasia of animals that present an ongoing health or safety risk (Cal. Civil Code § 1834.4).
Misrepresentation of a Dog’s Temperament
Transferors may also be held liable for:
- Express or implied misrepresentations (spoken, written, or implied by omission).
- False claims such as stating a dog is “safe with children” without a factual basis or proper assessment.
Even temperament tests, though helpful, are not entirely reliable and do not guarantee that a dog will be safe in a new home.
Rescue Groups and Shelters: Misrepresentation and “Dog Laundering”
Some rescue groups and shelters engage in misleading practices by:
- Misrepresenting a dog’s suitability for adoption. (See Merritt Clifton, Anatomy of a Disfigurement by a Misidentified Shelter Pit Bull.)
- Concealing a dog’s history of aggression through practices like “dog laundering” (transferring dogs between groups to hide their violent past).
For example, shelters implicated in these practices include:
- Fairfax County Animal Shelter (Virginia)
- Contra Costa County Animal Shelter (California)
- Austin Animal Shelter (Texas)
- Albuquerque Animal Shelter (New Mexico)
- Stamford Animal Shelter (Connecticut)
An expose by Colleen Lynn of DogsBite.org provided vivid examples of what amounts to criminal fraud in the practices of a government-run animal shelter in California. See What’s Behind the Click and Bait Web Advertisements of Aggressive Shelter Dogs Available for Adoption Today? An example from that article:
The motives for releasing vicious dogs to unsuspecting families with children range from overzealous commitment to preventing the animals from being euthanized, to slavish devotion to maintaining the appearance of being a “no-kill” shelter. The methods used for tricking people into adopting unadoptable dogs include misuse of temperament tests (see Alexandra Semyonova, Behavior Testing Shelter Dogs — The Reality of Where We Are Now) and “dog laundering” which is the term coined by Attorney Kenneth M. Phillips to describe the practice of moving a dog from one group to another for the purpose of sanitizing its record of vicious behavior toward people and animals.
In some cases, vicious dogs are stolen from shelters so that they can be released illegally into the community or even adopted out to a family. (See Associated Press, More dogs stolen from Columbia animal shelter.) In one notorious case, a dogo Argentino that killed a man in New York was released for rehabilitation to a rescue group in Ohio, and then was stolen. (See Jim Sielicki, BLADE, Dog freed in murder stolen from local kennel.)
Real-World Consequences of Rehoming Dangerous Dogs
Rehoming dangerous dogs can have tragic outcomes:
- A pit bull mix rehomed by the San Diego Humane Society killed a 3-day-old infant in 2016. (See Colleen Lynn, 2016 Dog Bite Fatality: Pit Bull Rehomed by Humane Society Kills Newborn Baby.)
- Temporary foster volunteers have been killed or severely injured by aggressive dogs. (See Rebecca Carey, Georgia Student, Killed By Dogs She Rescued.)
- Areas adopting “no-kill” policies have seen a significant increase in dog attacks, such as a 35% rise in Austin, Texas. (See Dog Bites Increase 35% in Austin After the Adoption of ‘No-Kill’ Policy.)
Legal Responsibilities of Shelters and Rescues
When shelters or rescues adopt out dogs:
- There is an implied duty to ensure that only suitable dogs are placed with families.
- Courts have emphasized the duty to disclose known temperament issues and make a reasonable effort to learn about the dog’s behavior. In Brooke Brown v. Southside Animal Shelter, for example, the Indiana Court of Appeals made it clear that a shelter has two duties to potential adopters of dogs: first, to disclose what they learned or reasonably should have learned about the dog’s temperament, and second, to actively seek out information about the dog’s temperament. (Page 11 of the court’s opinion, 20A-CT-00066 [October 2020].)
- At least two states require public shelters and rescue groups to give a potential adopter a written disclosure of a dog’s bite history and circumstances of the bite(s).
Criminal Consequences
In severe cases, criminal charges can arise:
- A rescue group faced homicide charges after adopting out a dog that killed an elderly woman just 10 days after adoption.
- In another case, a dogo Argentino that had previously killed a man was illegally released by a rescue group, later resulting in criminal investigations. (See Jim Sielicki, BLADE, Dog freed in murder stolen from local kennel.)
Retaining Ownership Interest: A Hidden Liability
Adoption contracts sometimes include clauses allowing a rescue group to retain ownership rights. These clauses may expose the transferor to:
- Civil liability for dog bites or attacks.
- Animal cruelty violations if proper care isn’t maintained.
Government Shelters and Animal Control Liability
Animal control departments and public shelters can also be held liable for negligence if their failure to act leads to an attack. However:
- Special legal protections for government entities may limit the compensation available to victims.
- Lawsuits against government agencies often involve complex legal hurdles like shorter statutes of limitations and procedural defenses.
Unpaid Volunteers are Usually Protected
Federal and state laws protect unpaid volunteers from lawsuits based on their negligence. However:
- The negligence must have been when they were working for a nonprofit organization.
- They are protected only from negligence, not recklessly or intentionally causing harm.
- The volunteer laws apply only to the volunteers, not the organization itself.
How to Avoid Liability for Adopting Out Dogs
Shelters and rescue organizations can minimize legal risk by following these practices:
- Incorporate as a nonprofit and obtain liability insurance.
- Avoid retaining ownership rights after adoption.
- Use comprehensive adoption contracts that include full disclosures of health and behavioral issues, and waivers limiting the organization’s liability.
- Implement strict intake procedures. For example, collect detailed information from prior owners, and document observations of the dog’s behavior.
For more guidance, refer to Attorney Kenneth M. Phillips’ legal toolkit, Avoiding Liability When Working With Dogs, which includes:
- Legal templates like an Adoption Agreement.
- Policies and procedures for shelters and rescue groups.
- A video seminar for professionals working with dogs.
Final Thoughts
Rehoming dogs can be fulfilling but also legally risky if done irresponsibly. Following the proper legal procedures and adopting thorough screening practices protects both the public and the dogs themselves. Attorney Kenneth M. Phillips has put together the legal documents and best practices for shelters and rescues, and he answers questions about them, in Avoiding Liability When Working with Dogs.