The necessity defense allows a person to avoid liability if they committed an otherwise unlawful act to prevent immediate and significant harm to themselves or their animals. It is occasionally used in civil and criminal cases involving dogs. It is similar to the self-defense doctrine but more limited in scope. When the Necessity Defense Can […]
There are no universally established guidelines for handling dogs held as evidence in criminal or civil cases. However, in cases where a dog has attacked a person, the shelter or Humane Society that takes custody of the animal plays a crucial role in preserving evidence. The key question is whether the dog’s condition, behavior, or […]
Attorneys who handle personal injury cases have been receiving messages from potential “clients” offering a slice of a $250,000 settlement that has already been agreed to — if the attorney will simply cash the settlement check, take the fee, and forward the balance of the settlement money to the client. There are two variations to […]
Your dog bit a lady. You looked up your state law and realized you are legally liable. Today you received a letter from an attorney asking for your insurance information. Do you give it to him? Do you worry? Will you lose everything? What will happen? Start with the obvious: she is in the right (the […]
Your dog bit someone, or it bit you, but not on purpose. Tonight your beloved pet is at the animal shelter. He’s in a cage, and he’s upset. The animal control officer has told you that you will have to pay for boarding the dog in order to get him back. This imprisonment is going […]
The pet food recall of 2007 highlighted a number of important issues pertaining to the rights of dog and cat owners. The value of a dog: a case study How one state treats injuries to pets
The traditional measure of the value of a dog is the cost of replacing the dog. The replacement cost of a dog, however, can be miniscule when compared to the amount of money it would take to take away the emotional pain suffered by the dog’s owner, if the dog is injured or killed. The […]
A veterinarian who fails to treat an animal pursuant to the applicable standard of care may be liable for malpractice — but that is just half the story. What is veterinary malpractice? Elements of malpractice Proof of malpractice Practical advice Litigation forms and other materials for attorneys If your case involves injury to a dog, […]