United States
Displaying 951 - 960 of 4803
Title |
Summary |
|---|---|
| Davison v. Berg |
Deborah Davison volunteered at her local Humane Society to help take care of a dog park. Three years later, Rebecca Berg’s dog who was chasing other dogs collided with Davison. Davison suffered a broken leg that required extensive medical care. Davison then filed an action against Berg under a Florida statute that “imposes liability on dog owners for damage their dogs cause to other persons and animals.” The trial court granted final summary judgment in favor of Berg for two reasons. The first reason was that the signs outside of the park sufficiently warned Davison of the risks of injury inside. The second reason was that Davison essentially consented to the risk of potential injuries by being a volunteer for the dog park. On appeal, this court stated that the Florida statute was a strict liability statute that makes an owner the insurer of their dog’s conduct. The only defense to the statute is for an owner to display in a prominent place on his or her premises a sign that includes the words “Bad Dog.” Berg presented evidence that the park had two signs prominently displayed at the entrance to the park with the title “Dog Park Rules.” The two signs listed rules for entrance to the dog park. One of these rules stated that park use is at the dog owner’s risk. Another rule stated that rough play and chasing were not allowed if any dogs or owners were uncomfortable with that behavior. The last rule stated that visitors enter at their own risk. Even though Davison entered the park at her own risk, the purpose of the sign requirement in the statute was to give notice that a bad dog is on the premises. The Court found that the trial court erred in finding that the signs at the dog park were sufficiently equivalent to “Bad Dog” signs to preclude liability under the Florida statute. The trial court also found that by virtue of Davison volunteering at the dog park, she was aware that she could be injured during the course of her work and that she signed a volunteer application form that acknowledged that she could be exposed to “bites, scratches, and other injuries.” Davison had also witnessed a prior collision between a dog and an individual that resulted in a broken leg. After witnessing that, Davison began to warn others at the Humane Society about the dangers of being inside the dog park with dogs chasing each other. The Court held that even though there may be evidence to support the trial court’s conclusion that Davison consented to the risk of injury, “an actual consent or assumption of the risk defense cannot bar liability.” The Court reversed the trial court’s entry of final summary judgment in favor of Berg. |
| DC - Animal Control - Subchapter III. Release of Animals. | This D.C. law states that no animal shall be released from custody of animal protection except for the purposes of adoption, redemption by the owner of the animal, or other suitable placement in the best interest of the animal. No animals shall be knowingly released from any entity charged with animal protection for the purposes of research, experimentation, testing, or medical instruction or demonstration. Violation is a misdemeanor. |
| DC - Assistance Animals - Chapter 20A. Pet Ownership Restriction in Assisted Housing. | The owner or operator of locally assisted housing accommodations for elderly or disabled people may not prevent a tenant from keeping common household pets. However, an owner or operator may require the removal of pets whose conduct or condition constitutes a threat or nuisance to the health or safety of the other occupants. A violation is a civil infraction that may result in a fine of up to $300. |
| DC - Breeder - Subchapter II. Commercial Licensing Requirement. | These D.C. laws require that the Mayor establish licensure requirements for commercial animal breeders in the District of Columbia. The rules must contain requirements as to licensing fees, standards of care, and facility inspection. For the purposes of this section, the term “commercial animal breeder” means any person, firm, organization, or corporation engaged in the operation of breeding and raising more than 25 animals per year for sale or in return for consideration. |
| DC - Cruelty - Consolidated Cruelty Statutes | This D.C. statutory section comprises the anti-cruelty and animal fighting provisions. Whoever knowingly overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly chains, cruelly beats or mutilates, any animal, or knowingly causes such acts, or one who unnecessarily fails to provide proper food, drink, air, light, space, veterinary care, shelter, or protection from the weather, faces imprisonment up to180 days, or a fine of $250, or both. Actions that result in serious bodily injury or death to the animal result in felony prosecution with imprisonment not exceeding 5 years or a fine of $25,000, or both. "Animal" is defined by statute as all living and sentient creatures (human beings excepted). This section also prohibits animal fighting as either a felony (i.e., wagering or conducting the fight) or a misdemeanor (knowingly being present). |
| DC - Cruelty - Subchapter V. Classroom Animals. | These DC statutes allow animals of appropriate size and temperament be kept in classrooms for instructional purposes. The animals must be provided with sufficient food and water, and be cared for in a safe and humane manner. If the animals are no longer needed, they should be adopted out or given to a local humane organization for adoption. |
| DC - Cruelty, reporting - § 22-1002.01. Reporting requirements. | This District of Columbia statute requires that any law enforcement or child protective services employee who knows or has reason to suspect than an animal is experiencing cruelty, abandonment, or neglect shall provide a report of the abuse within the specified time. The statute also states that any employee who observes an animal at the home of a person reasonably suspected of child, adult, or animal abuse should report it. The statute also specifies what information the report must include for completion. |
| DC - Disaster - Subchapter VI. Animal Emergency Preparedness. | This DC law provides that the Mayor must establish an emergency preparedness plan for the protection, sheltering, and evacuation of domestic animals during and following a major disaster or emergency within 90 days of December 5, 2008. |
| DC - Dog - Consolidated Dog Laws and Dangerous Dog Provision | These District of Columbia statutes make up the dog laws for the District. Included among the provisions are definitions, animal control and at large provisions, and vaccinations/licensing regulations. With regard to dangerous dogs, the term "dangerous animal" means an animal that because of specific training or demonstrated behavior threatens the health or safety of the public. The Mayor may impound any animal at large or any dangerous animal. If a dog injures a person while at large, lack of knowledge of the dog's vicious propensity standing alone shall not absolve the owner from a finding of negligence. |
| DC - Dogs - § 22-1311. Allowing dogs to go at large. | The following District of Columbia statute prohibits dogs that the owner knows to be fierce or dangerous, to the danger or annoyance of the inhabitants, from running at large; it also prohibits female dogs in heat to run at large. |