|
Nichols v. Lowe's Home Center, Inc. |
A customer brought an action against Lowe's home improvement store to recover for injury sustained when a "wild bird" flew into the back of her head while she was shopping in the gardening area. The plaintiff argued that the defendant did not exercise reasonable care in making the premises safe and that the defendant did not warn customers that the birds were a dangerous condition on the premises. In granting the owner's motion for summary judgment, the court held that the store owner did not owe customer a duty under Illinois law to protect her from wild bird attack since attack was not reasonably foreseeable. Further, the store owner was not the "owner" or "keeper" of a "wild bird" within meaning of Illinois Animal Control Act.
|
|
Nichols v. Sukaro Kennels |
During a stay at defendant kennel, the kennel owner's dog tore off plaintiff's dog's left front leg and shoulder blade. Plaintiff's petition sought damages to compensate for the injuries and suffering the dog incurred and the loss of aesthetic intrinsic value of the dog. In upholding the district court's denial of damages for emotional injury and mental suffering, the Court of Appeals rejected plaintiff's argument for damages based on the intrinsic value of a pet for the negligent injury to the dog.
|
|
Nigro v. New York Racing Ass'n, Inc. |
An experienced exercise rider sued the owner of a race track seeking damages for personal injury after the horse she was riding fell on her while crossing a gravel-strewn asphalt road. The Supreme Court held that the rider assumed the risk that the horse might fall by choosing to cross the road despite being aware of the danger. The doctrine of “primary assumption of the risk” applied, and the owner of the premises was not at fault.
|
|
Nikolic v. Seidenberg |
When the pet owner adopted a dog, she signed a contract agreeing to have her dog spayed at the vet's facility and to return the dog to the vet if it was sick. For days after the surgery the dog was ill so the other vet performed exploratory surgery and repaired a cut in the dog's intestine. The pet owner filed an action to recover the medical expenses and the lower court granted the vet's motion to dismiss. The reviewing court held that the language in the contract was not sufficiently clear and explicit to exculpate the vet from negligence because the vet was not a party to the contract and thus not a direct beneficiary of the contract.
|
|
NJ - Assistance Animals - Assistance Animal/Guide Dog Laws |
The following statutes comprise the state's relevant assistance animal and guide dog laws. |
|
NJ - Cruelty - Consolidated Cruelty Statutes |
These New Jersey statutes comprise the state's anti-cruelty provisions. According to the definitional section, "animal" or "creature" includes the whole brute creation. Exclusions under the act include state regulated scientific experiments, state sanctioned killing of animals, hunting of game, training of dogs, normal livestock operations, and the killing of rats and mice. With regard to livestock practices, no person may be cited or arrested for a first offense involving a minor or incidental violation of any provision of this title involving alleged cruelty to domestic livestock unless that person has first been issued a written warning. |
|
NJ - Disaster - App. A:9-43.15. Emergency evacuation; boarding of public transportation or public transportation service with domestic companion animal |
This New Jersey law states that in the event that a state of emergency has been declared and an evacuation of any region of the State is in progress, the owner of a domestic companion animal shall be permitted to board any public transportation or public transportation service with the domestic companion animal so long as that animal is under the owner's control by use of a leash or tether, or is properly confined in an appropriate container or by other suitable means, provided that such boarding is authorized by and consistent with the provisions of the State Emergency Operations Plan. Additionally, all passengers with service animals shall be given priority seating on all means of transportation. |
|
NJ - Disaster - Article 6. Emergency Powers of Governor |
In New Jersey, the State Office of Emergency Management, and each county and municipality, is directed to adopt a emergency operations plans that include provisions to support the needs of animals and individuals with an animal under their care, including a service animal, in a major disaster or emergency. |
|
NJ - Dog Bite - Chapter 19. Dogs, Taxation and Liability for Injuries Caused by |
This New Jersey statute provides that the owner of any dog that bites a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. |
|
NJ - Dog - Chapter 19. Dogs, Taxation and Liability for Injuries Caused by. |
These New Jersey statutes comprise the laws for licensing, impounding, appointment of animal control officers, and kennel/pet shop regulations. It also includes a provision that prohibits impounded animals from being sold or donated for experimentation, as well as pet sterilization provisions. |
