United States

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Cole v. Ladbroke Racing Michigan, Inc.


Plaintiff, a licensed horse exercise rider sued the operator of a horse racing facility after he had been injured when he was thrown off a horse that he had been exercising, when the horse became spooked by a kite on the Defendant’s premises.

 

The court determined that the Equine Activity Liability Act (EALA) did not offer protection of immunity to the Defendant because the exercising was found to be an activity in preparation for a horse race and the EALA does not apply to “horse race meetings.”

 

However, the Plaintiff had previously signed a release, which covered “all risks of any injury that the undersigned may sustain while on the premises,” therefore, the Defendant was released from liability of negligence.
Collection and Summary of Principal Animal Laws for D.C.
Collier v. Zambito


Infant child attacked and bit by dog when he was a guest in the owner's home.  After defenses motion for summary judgment was denied, the Appellate Court reversed, and this court affirms.
Colorado Dog Fanciers v. City and County of Denver
The plaintiffs, dog owners and related canine and humane associations (dog owners), filed a complaint in the Denver District Court against the defendant, City and County of Denver (city), seeking both a declaratory judgment on the constitutionality of the "Pit Bulls Prohibited" ordinance, Denver, Colo., Rev.Mun.Code § 8-55 (1989), and injunctive relief to prevent enforcement. 

The dog owners in this case claim the ordinance is unconstitutional, violating their rights to procedural and substantive due process and equal protection, is unconstitutionally vague, and constitutes a taking of private property.
Colorado Wild Horse and Burro Coalition, Inc. v. Salazar


In this action, the plaintiffs (associations organized to protect wild horses and one equine veterinarian) challenged the decision of the BLM to remove all the wild horses from the West Douglas Herd Area in Colorado. Plaintiffs argued that the BLM's decision violated the Wild Free-Roaming Horses and Burros Act. Defendants countered that BLM's decision was a reasonable exercise of BLM's discretion and was thus entitled to Chevron deference. This Court held that BLM's decision to remove the West Douglas Herd exceeded the scope of authority that Congress delegated to it in the Wild Horse Act.
Colorado Wild Horse v. Jewell Finding the number of horses too high to maintain ecological balance and sustain multipurpose land use in Colorado's White River Resource Area, the US Bureau of Land Management (BLM) invoked its authority under the Wild Free–Roaming Horses and Burros Act (“Wild Horses Act”), to declare those horses to be “excess animals” and scheduled to remove them from the land. Plaintiffs—organizations challenged BLM's “excess” determinations and its decision to remove these horses. They asked the district court to enjoin BLM's planned gather. Because the Wild Horses Act authorized BLM's excess determination and BLM appeared to have used reasonable methods to estimate the total wild-horse population, the Court found that Plaintiffs were unlikely to prevail on their Wild Horses Act claims. And because the record reflected that BLM considered the cumulative effects of the proposed gather and permissibly relied on the Environmental Assessment written for a previous East Douglas HMA gather, the Court found that Plaintiffs were also unlikely to prevail on their National Environmental Policy Act claims. The Court further found that Plaintiffs were unlikely to suffer irreparable harm as a result of the gather and that the balance of equities and the public interest weighed in favor of BLM. Accordingly, the Court denied Plaintiffs' Motion for a Preliminary Injunction.
Colucci v. Colucci This Maine case is an appeal of a divorce proceeding where one party argues the court erred in awarding the parties' dogs to another. In 2017, Suan Colucci filed a complaint for divorce against her husband, Stephen Colucci. In 2019, the court entered a judgment granting the divorce and awarded both dogs “set aside to [Susan] as her exclusive property.” On appeal by Stephen, this court found that undisputed evidence established that "Louise" the dog was acquired five years before marriage, and thus, was nonmarital property. Because no evidence was presented to which of the parties actually acquired Louise in 2010, the judgment was vacated and remanded for further proceedings to determine ownership of Louise.
COLUMBUS R. CO. v. WOOLFOLK


In this Georgia case, Woolfolk brought a suit to recover the value of a dog that he alleged was willfully and wantonly killed by the running of a street car on defendant's line of road. The defendant demurred specially to the paragraph that alleged the value of the dog to be $200. Defendant argued that the measure of damages could not be based on the value of the dog because dogs have no market value. The court disagreed, first noting that, by the common law a dog is property, for an injury to which an action will lie and the modern trend is to value dogs in the same way other domestic animals are valued. Further, the court found a "better rule" for ascertaining the measure of damages: “The value of a dog may be proved, as that of any other property, by evidence that he was of a particular breed, and had certain qualities, and by witnesses who knew the market value of such animal, if any market value be shown. Judgment affirmed.
Columbus v. Kim


An Ohio dog owner was convicted in the Municipal Court, Franklin County, of harboring an unreasonably loud or disturbing animal as prohibited by city ordinance. On appeal to the Supreme Court, the owner contended that the term “unreasonable” in the ordinance “does not provide enough explanation to allow the average person to know what behavior is permissible.” The Supreme Court held that the ordinance was not unconstitutionally vague on its face, and was not unconstitutionally vague as applied.
Com v. Daly The Defendant Patrick Daly was convicted in the District Court of Norfolk County, Massachusetts of animal cruelty involving a “snippy," eight-pound Chihuahua. The incident occurred when Daly flung the dog out of an open sliding door and onto the deck of his home after the dog bit Daly’s daughter, which led to the dog's death. On appeal, defendant raised several arguments. He first challenged the animal cruelty statute as vague and overbroad because it failed to define the terms "kill," "unnecessary cruelty," or "cruelly beat." The court disregarded his claim, finding the terms of the statute were "sufficiently defined" such that a person would know that he or she "may not throw a dog on its leash onto a deck with force enough to cause the animal to fall off the deck, twelve feet to its death . . ." Defendant also claimed that a photo of his daughter's hand showing the injury from the dog bite was improperly excluded. However, the court found the defendant was not prejudiced by the judge's failure to admit the photo. Under a claim that his conduct was warranted, defendant argues that the jury was improperly instructed on this point. It should not have been instructed on defense of another because that relates only to defending against human beings and, instead, the jury should have been instructed on a defense of attack by an animal. The court found while there is no precedent in Massachusetts for such a claim, the rationale is the same as the given instruction, and defendant cannot complain that the jury was improperly instructed where he invited the instruction with his claims that his actions were necessary to protect his daughter. His other claims were also disregarded by the court and his judgment was affirmed.

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