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Demeo v. Manville |
This is an Illinois' small claims action involving the death of plaintiffs' show dog. Plaintiff alleged that defendant ran over the dog while it was tied up near the driveway. Defendant denied plaintiff’s allegations that defendant ran over the dog and used a cover-up story. The court upheld an award of five-hundred dollars although the purchase price was two-hundred. Plaintiff testified that he paid $200 for his dog when it was a puppy, but it had appeared in four shows, winning first prize in each. Evidence was considered for commercial value and special qualities in that case.
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Dempsey v. Rosenthal |
A buyer of a poodle brought an action against a kennel, seeking to recover purchase price on ground that poodle was "defective" due to an undescended testicle. The buyer argued that the kennel had breached implied warranty of merchantability and fitness for a particular purpose. The Civil Court of the City of New York held that since the contract of sale did not exclude or modify implied warranty of merchantability, it carried with it such a warranty. In light of this, the poodle was not a merchantable good because a poodle with an undescended testicle would not pass without objection in the trade. Further, the kennel breached the warranty of fitness for a particular purpose since the kennel was aware that the buyer wanted a dog for breeding purposes. This case is also significant because the court also held that a buyer's opportunity to examine the dog when purchasing it does not defeat a warranty claim. Indeed, the type of examination would not be undertaken by a casual buyer of a male puppy. The court allowed buyer to revoke her acceptance of the dog and receive her purchase price.
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Denise Venero v. Prince George's County Maryland |
Plaintiffs filed this putative class action to challenge the Prince George's County, Maryland Pit Bull Ordinance and enforcement of the ordinance. Plaintiffs assert multiple due process and equal protection claims in violation of the Fourteenth Amendment, as well as several violations of the Fair Housing Act. The ordinance bans the keeping of pit bull terriers in the county, and requires any pit bull owners at the time the ordinance was adopted to register the dog, pay a fee, maintain a secure kennel, and keep the dog secure at all times. The court in this case found that the plaintiffs lack standing, since they could not show an injury in fact relating to the county's enforcement of the ordinance, the county has returned seized dogs to the plaintiffs, and the plaintiffs have been afforded due process through the county's administrative process. |
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Department of Game of Wash. v. Puyallup Tribe |
The Washington Department of Game and the Department of Fisheries brought action for declaratory judgment that members of the Puyallup Indian tribe were not exempt from application of state fishery conservation measures. The Supreme Court held that commercial net fishing by Puyallup Indians, for which the Indians have treaty protection, Puyallup Tribe v. Dept. of Game, 391 U.S. 392, 88 S.Ct. 1725, 20 L.Ed.2d 689, forecloses the bar against net fishing of steelhead trout imposed by Washington State Game Department's regulation, which discriminates against the Puyallups, and as long as steelhead fishing is permitted, the regulation must achieve an accommodation between the Puyallups' net-fishing rights and the rights of sports fishermen.
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DeRobertis by DeRobertis v. Randazzo |
The principal issue in this New Jersey case is the liability of a dog owner to an infant plaintiff bitten by the owner's dog. At trial the jury returned a verdict for the plaintiffs, and the Appellate Division, in an unreported opinion, affirmed. A factual issue existed at the trial, however, as to whether the infant plaintiff was lawfully on the property of the owner, but the trial court did not submit that question to the jury. The omission is important because the "dog-bite" statute, N.J.S.A. 4:19-16, imposes absolute liability on an owner whose dog bites someone who is "lawfully on or in a private place, including the property of the owner of the dog." If the plaintiff was a trespasser, he was not lawfully on the property, and liability should not be determined under the statute but according to common-law principles. It was necessary to find that the invitation to infant plaintiff to be on defendant's property extended to the area where the dog was chained.
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Desanctis v. Pritchard |
The trial court dismissed a couple's complaint asking the court to enforce a settlement agreement which provided for shared custody of the couple's dog. The appellate court upheld that decision, holding that the settlement agreement was void to the extent that it attempted to award visitation or shared custody with personal property.
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Designing a Model Dog Park Law |
This article was originally posted by the Animal Legal & Historical Center five years ago and the authors feel it has been in need of revision for some time. We will from now update the article periodically in this location so that those readers who are involved in creating dog parks, and legislators and their staff involved in modifying laws and regulations to take into account the significance of dog parks in the legal and governmental systems of states, counties, and municipalities, can have what benefit our analysis may provide concerning developments relevant to their interests. Also, those committees and groups that must decide on rules for use of a dog park to be posted at an entrance gate can understand what we think is appropriate and reasonable for a list of requirements, given that users will not want to spend large amounts of time reading a legal text before getting a dog inside the park.
The article begins with our views on how dog park law has evolved in recent years, then discusses the laws and regulations that apply to dog parks and similar spaces. It then reviews the rules that often apply to the users of dog parks around the United States. Finally, the model laws and rules are contained in the last section. The model law provisions are somewhat unusual in contemplating the adoption of provisions at a number of legislative levels. Thus there is no single proposed law, but rather a collection of suggested modifications of statutes and regulations, some of which may be appropriately contained in a statute in one jurisdiction but a regulation in another, depending on where related issues are addressed in the codes and rules issued by a state, county, municipality, or other park-regulating entity. [1]
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Detailed Discussion - Protecting Animals: Domestic Abuse and Animal Abuse Linked |
This is a detailed discussion of the connection between Domestic Abuse and Animal Abuse. This article explores how abusers use animals as a means of control and the problems that victims face when leaving a domestic violence situation with an animal. A few states allow a victim to include their animals in the protection order, and several other states are introducing similar legislation.
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Detailed Discussion Landowner and Landlord Liability for Dangerous Animals |
This overview explores the liability for both landowners and landlords for injuries to third parties caused by tenant's animals. As a general proposition, liability is imputed only where the landowner or landlord has a duty to a third party, which is usually based on knowledge of the vicious propensity of the animal. Further, the injury must be reasonably foreseeable under the circumstances. The paper sets forth the level of duty owed to different classes of third party visitors (licensees, invitees, and trespassers) as well as how the location of an attack affects landlord liability.
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Detailed Discussion of Ag-gag Laws |
This paper examines ag-gag laws and how they affect farmed animals, farming employees, industrialized farming operations, and individual rights. It will look at the history of ag-gag laws and how they have changed since becoming more prominent in 2011. It will also explore the constitutionality of these laws and whether the various types hold up to constitutional scrutiny. |
