Results
Title |
Author![]() |
Citation | Summary |
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Fido Seeks Full Membership in the Family: Dismantling the Property Classification of Companion Animals by Statute | Elizabeth Paek | 25 U. Hawai’i L. Rev. 481 (2003) |
This paper proposes that various state legislatures should progressively dismantle the property classification of companion animals by enacting statutes permitting animal guardians recovery for non-economic damages in torts, and requiring courts to apply the "best interests of the pet" standard in custody and visitation disputes. Section II of this paper sets forth the conflict between the social and legal views of companion animals, and the historical evidence supporting each. Section III analyzes court opinions that treat companion animals as property and illustrates how the conflicting views of companion animals are manifested in case law. Section IV identifies the current trend in court decisions and legislative actions suggesting that both judges and legislators acknowledge companion animals as more than property. |
Every Dog Can Have Its Day: Extending Liability Beyond the Seller by Defining Pets as Products Under Products LIiability Theory | Jason Parent | 12 Animal L. 241 (2005) |
Is a pet a “product”? A pet is a product for purposes of products liability law in some states, and as this article will show, the remaining states should follow suit. Every year, thousands of “domesticated” animals are sold to consumers who are uninformed as to the animal’s propensities or to the proper method of animal care. In some instances, these animals are unreasonably dangerous in that they spread disease to humans or attack, and possibly kill, unwitting victims. Improper breeding and training techniques and negligence in sales have led to horrific injury. This comment will demonstrate how merely considering pets as products opens up new theories of liability for the plaintiff’s lawyer, offering a deeper base of defendants who are both morally and legally at fault. From the standpoint of a consumer advocate and with concern for both human and animal welfare, the author proposes employing products liability theory to the sale of domesticated animals. By making sellers of “defective” animals accountable for personal injury that these animals cause, the quality of the animals bred and sold will likely improve. Where it does not improve and injury results, the victim may have recourse beyond the confines of contract remedies. Products liability theory is a lawful and needed method for preventing future harm and providing for a healthier human and animal kingdom. |
Brief Summary of the Laws Regulating Rescue and Foster Care Programs for Companion Animals | Kristen Pariser | Animal Legal & Historical Center | This summary briefly examines laws relating to foster-care and non-profit rescue organizations. It discusses concerns that arise relating to contractual liability, local ordinances, and tort claims. |
Overview of the Laws Regulating Rescue and Foster Care Programs for Companion Animals | Kristen Pariser | Animal Legal & Historical Center | This overview examines how states deal with foster care and other non-profit rescue organizations. It details how states define such organizations and what laws may affect their operations. The paper also discusses potential legal issues that arise with pet rescue and fostering. |
Detailed Discussion of the Laws Regulating Rescue and Foster Care Programs for Companion Animals | Kristen Pariser | Animal Legal & Historical Center | This article will focus primarily on the rescue and foster care issues. Some of the types of laws that impact companion animal rescue and foster care organizations include legislative definitions, licensing, sterilization and vaccination, pet limit laws, zoning and nuisance laws, tethering laws, Breed Specific Legislation (or BSL), tort liability, and reimbursement for medical care in cruelty cases. While some examples will be given here, a rescue organization or foster care provider should check the specific state and city laws where they are located. |
Brief Summary of Canada's Anti-Cruelty Laws | Jessica Pask | Animal Legal & Historical Center | This paper summarizes the current state of Canadian animal anti-cruelty laws. It examines the federal, provincial, and municipal laws that govern and enforce penalties against those who commit cruel acts against animals. The paper also examines select cases in Canadian animal cruelty jurisprudence and compares Canadian anti-cruelty laws with their counterparts in the United States. |
Overview of Canada's Anti-Cruelty Laws | Jessica Pask | Animal Legal & Historical Center | This paper summarizes the current state of Canadian animal anti-cruelty laws. It examines the federal, provincial, and municipal laws that govern and enforce penalties against those who commit cruel acts against animals. The paper also examines select cases in Canadian animal cruelty jurisprudence and compares Canadian anti-cruelty laws with their counterparts in the United States. |
Detailed Discussion of Canada's Anti-Cruelty Laws | Jessica Pask | Animal Legal & Historical Center | This paper summarizes the current state of Canadian animal anti-cruelty laws. It examines the federal, provincial, and municipal laws that govern and enforce penalties against those who commit cruel acts against animals. The paper also examines select cases in Canadian animal cruelty jurisprudence and compares Canadian anti-cruelty laws with their counterparts in the United States. |
Companion Animals: An Examination of Their Legal Classification in Italy and the Impact on their Welfare | Annamaria Passantino | 4 Journal of Animal Law 59 (2008) |
Italy's State-Regions Agreement on Companion Animal Welfare and Pet Therapy introduced important new measures aimed at reducing the numbers of stray animals, such as the use of microchips for an official dog identification system and the creation of a computerised data bank. The Author, after having analyzed the legal status of animals under the current system and discussed the idea of extending legal personhood to such animals, considers the law for the current valuation of companion animals. Finally, the Author promotes the idea that there is a legal/rational basis for changing the way that companion animals should be valued by the legal system (such as Agreement) and recommends the adoption of principles/guidelines for the care of pet evaluate these aspects of the Agreement. |
Making the Change, One Conservative at a Time: A Review of Dominion: The Power of Man, the Suffering of Animals, and the Call to Mercy by Matthew Scully | Shennie Patel | 9 Animal L. 299 (2003) | This article provides a review of the book, Dominion: The Power of Man, the Suffering of Animals, and the Call to Mercy, by Matthew Scully. |