Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Brief Summary of Landlord Liability for Injury by Tenant's Animals | Rebecca F. Wisch | Animal Legal & Historical Center |
This brief overview discusses when and how a landlord may be liable for injuries caused by a tenant's animal. In short, it outlines what constitutes negligence for a landlord in such circumstances for most jurisdictions. |
| Overview of States that Prohibit BSL | Rebecca F. Wisch | Animal Legal & Historical Center | This document lists the states that prohibit the regulation of dogs by local governments based on breed, commonly known as breed-specific legislation. The laws are divided into two general categories: (1) states that prohibit breed-specific legislation (BSL) in all animal regulation (10 states); and (2) states that prohibit BSL in dangerous/vicious dog laws (16 states). In total, there are approximately 22 states with some sort of anti-BSL legislation (combining both (1) and (2) together, and not counting DE, IL, and VA twice because they have both such laws). The pertinent part of the legislation is included in this list as well as a link to the actual laws. A further distinction has to be made in the application of some of these laws in the dangerous dog category. Some laws state that municipalities may not regulate dangerous dogs based solely on breed while other laws simply say that breed cannot be used to prove a dangerous dog declaration. |
| Detailed Discussion of Montana Great Ape Laws | Rebecca F. Wisch | Animal Legal & Historical Center | The following article discusses Great Apes law in Montana. Mississippi law directly regulates Great Apes by a law that bans the importation and possession of certain wild animals deemed "inherently dangerous." In addition, the state also addresses Great Apes in its general anti-cruelty law as well as its endangered species provisions. While the state of Montana controls possession and importation of “exotic wildlife” by law, great apes are not specifically identified or addressed. Instead, Montana regulates the possession of great apes by administrative regulation and reference to the federal endangered species list. In the regulations, great apes are specifically defined as a "prohibited species " meaning they “may not be possessed, sold, purchased, exchanged, or transported in Montana, except as provided. . .”. In addition, Montana law addresses the commercial use of great apes in what it terms, “roadside menageries,” where animals are kept in captivity for the purpose of exhibition or attracting trade. Like other states, Montana does not define Great Apes as "endangered," either under its own endangered species law or accompanying regulation. It does, however, cover them by reference to federal law. Finally, great apes are covered under the state’s anti-cruelty law. However, the law contains a number of exempt categories including scientific research and teaching. |
| Detailed Discussion of Assistance Animal Laws | Rebecca F. Wisch | Animal Legal & Historical Center |
This discussion examines the federal service animal provisions under the Americans with Disabilities Act (ADA) and the relevant states. In doing so, states' equal access, criminal interference, and white cane laws are examined in addition to other laws. |
| Overview of Recent Dog Breeding Laws (2010) | Rebecca F. Wisch | Animal Legal & Historical Center |
This article provides an overview of recently added or amended commercial breeder laws (from 2008 - 2010). On the whole, the new laws both mandate minimum standards of care for dogs at breeding facilities and place a limit on the number of dogs a breeder can maintain. |
| Overview of Laws Restricting the Age of Puppies for Sale | Rebecca F. Wisch | Animal Legal & Historical Center |
This overview discusses state laws that place restrictions on the sale of young puppies. Approximately 15 states have enacted laws or administrative regulations that generally require puppies to be between 6 and 8 weeks prior to being offered for sale. |
| FAQ: Can I sell an old fur made from an endangered animal? | Rebecca F. Wisch | Animal Legal & Historical Center |
Dear Animal Legal & Historical Center, |
| Sale of Companion Animals by Breeders and Retailers | Rebecca F. Wisch | Animal Legal & Historical Center |
This article explores the remedies available to purchasers of diseased or otherwise unfit cats and dogs. The relevant state statutes are discussed as well as general contract principles under Article 2 of the Uniform Commercial Code. |
| Brief Summary of Local and State Dog Laws | Rebecca F. Wisch | Animal Legal & Historical Center |
This summary examines the nature and authority of state and local dog laws. It also describes the general subjects included in dog laws, such as loose dogs and impoundment procedures. The concept of preemption of local laws is also defined. |
| Brief Summary of Dog Bite Laws | Rebecca F. Wisch | Animal Legal & Historical Center |
This brief overview examines the basic provisions of most state dog bite laws, including the traditional elements of negligence and principles of strict liability. |