United States

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Titlesort descending Summary
McMahon v. Craig


In this California case, the plaintiff appealed a demurrer granted by the trial court on her claim of intentional infliction of emotional distress and portions of her complaint struck that sought damages for emotional distress and loss of companionship. The case stems from defendant-veterinarian's care of plaintiff's Maltese dog after surgery. Defendant also lied to plaintiff and falsified records concerning the treatment of the dog. On appeal of the trial court demurrer, this court held that an owner cannot recover emotional distress damages for alleged veterinary malpractice. The court found that it would be incongruous to impose a duty on a veterinarian to avoid causing emotional distress to the owner of the animal being treated, while not imposing such a duty on a doctor to the parents of a child receiving treatment.
McNeely v. U.S.



Defendant McNeely was convicted in a jury trial in the Superior Court of violating the Pit Bull and Rottweiler Dangerous Dog Designation Emergency Amendment Act.  On appeal, t




he Court of Appeals, held that the


Act did not deprive defendant of fair warning of the proscribed conduct, as the defendant here was


required to know that he owned pit bulls in order to be convicted under the Act; and the


prosecutor's improper comment was rendered harmless by the trial court's curative instructions.
McPherson v. Schlemmer


In

McPherson v. Schlemer

, plaintiff’s cows were killed by defendant when they wandered onto the highway. The court determined that damages were calculated at the present and future profits for fair market value.
MD - Animal control - § 1-1315. Adoption fee waiver for veterans at animal control facilities This Maryland statute, enacted in 2021, states that an animal control facility operated by a county or municipality shall waive the adoption fee for a dog or cat adopted by a veteran who presents a valid driver's license or identification card issued by the Motor Vehicle Administration that includes a notation of veteran status in accordance with § 12-302 of the Transportation Article. The animal control facility may limit the number of adoption fee waivers granted to an individual under this subsection to one dog and one cat within a 6-month period.
MD - Animal Shelters - Subtitle 17. Animal Shelters This chapter effective October 1, 2016 states that the intent is to enhance animal shelter services by promoting humane animal sheltering policies and strengthening community safety. Before January 1, 2017, an animal shelter shall establish a written veterinary care protocol for dogs and cats that is consistent with guidelines set forth in the most recent Association of Shelter Veterinarians' Guidelines for Standards of Care in Animal Shelters. That same date, an animal shelter must post on the animal shelter's Web site or in a conspicuous location within the animal shelter's facility a written protocol for reclaiming animals from the animal shelter that includes the minimum holding period for stray animals, the hours of operation, the fees for reclaiming an animal, and the documentation/identification required for reclaiming. Violation of this subtitle results in a civil penalty of $500.
MD - Assistance Animal - Assistance Animal/Guide Dog Laws The following statutes comprise Maryland's relevant assistance animal/guide dog laws.
MD - Bite - Maryland Dangerous Dog Laws This Maryland statute outlines what is a "Dangerous dog." As defined by statute, it is a dog that, without provocation, has killed or inflicted severe injury on a person, or it is a potentially dangerous dog that bites a person, when not on its owner's real property, kills or inflicts severe injury on a domestic animal, or attacks without provocation. An owner of a dangerous dog must keep the dog securely enclosed on his or her property or must muzzle and restrain the dog. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.
MD - Courthouse dog - § 9-501. Court Dog Program This statute, enacted in 2020, creates a Court Dog Program for Maryland for participating counties. The program functions in a circuit court that participates in the Program and provides a facility dog or therapy dog to a child witness in the circuit court proceeding or other related court process, meeting, or interview in the State. It also operates in a circuit court or District Court that offers a veterans treatment court program where it provides a facility dog or therapy dog to a veteran participating in a veterans treatment court proceeding or other related court process or meeting in the State.
MD - Cruelty - Consolidated Cruelty Statutes This Maryland statutory section comprises the state's anti-cruelty provisions. Under the section, "animal" means a living creature except a human being. "Cruelty" is defined as the unnecessary or unjustifiable physical pain or suffering caused or allowed by an act, omission, or neglect, and includes torture and torment. Agricultural, veterinary, research, and "an activity that may cause unavoidable physical pain to an animal, including food processing, pest elimination, animal training, and hunting. . . " are excluded from the purview of the act.
MD - Dangerous Animals - Part IV. Animal Control This chapter of Maryland laws declares that it is in the public interest to ensure public health and safety by strictly regulating the possession, breeding, and importation of certain animals that pose risks to humans. Certain animals such as domestic dogs, cats, and ferrets; animal used for agricultural, scientific, or education purposes; and animals used for public exhibitions are excluded from the provisions of this section. Any person who imports, transports, sells, transfers, breeds, raises, keeps, or possesses any animal which is prohibited under regulations promulgated by the Secretary is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500, or imprisonment not exceeding 1 year, or both.

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