Delaware

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Titlesort descending Summary
Conte v. Fossett Plaintiff and defendant were a non-married couple that shared ownership of a miniature dauschund. Defendant asked for the dog, but plaintiff repeatedly declined. Eventually, Plaintiff gave in and purchased the dog for defendant. The parties shared ownership, expenses, and labor involved in caring for the dog. Eventually, the parties broke up, and began a shared-custody arrangement for the dog. However, the relationship between the parties further soured, and defendant kept the dog in her possession. Plaintiff filed suit for sole possession of the dog. The trial court found that the dog was a gift from plaintiff to defendant in contemplation of the relationship, and awarded possession to plaintiff. On appeal, the court found that there was no basis to assume that the dog was a gift given in anticipation of marriage. Therefore, defendant had no basis to pursue recovery of the dog.
DE - Assistance Animal - Delaware's Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and guide dog laws.
DE - Cruelty - Consolidated Cruelty Statutes These Delaware sections comprise the state's anti-cruelty and animal fighting provisions. Delaware's anti-cruelty section provides that cruelty to animals is when a person intentionally or recklessly subjects any animal (excluding fish, crustacea or molluska) to cruel mistreatment, cruel neglect, or kills or injures any animal belonging to another person. Actively engaging in animal fighting activities is a class F felony while being a spectator at a fight is a class A misdemeanor.
DE - Dangerous - Delaware Dangerous Dog Laws These Delaware statutes comprise the state's dangerous dog laws. Among the provisions includes the mandatory seizure of dogs who have chased or pursued persons on bicycles twice in a twelve-month period or those that have killed or inflicted serious injury on people or other domestic animals. However, no dog shall be considered dangerous or potentially dangerous if a person was, at the time the injury was sustained, committing criminal trespass or other tort upon premises occupied by the owner of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. An owner who violates the provisions regarding ownership of dangerous dogs faces graduated fines based on the conduct at issue.
DE - Divorce - § 1513. Disposition of marital property; imposition of lien; insurance policies This Delaware law on disposition of marital property with divorce was amended in 2023 to address the needs of companion animals owned during marriage. Per susbsection (g)(1), if a court finds a companion animal is marital property, the court shall take into considering the "well-being of the companion animal." In doing so, the court may consider factors like the ability of each party to support and care for the companion animal, the attachment between the animal and the person, and the time and effort spent with the animal during marriage. If the parties are awarded a shared interest in the companion animal, then future disposition to limited to those situations mentioned in the law.
DE - Dogs - Consolidated Dog Laws These statutes comprise Delaware's dog laws. Among the provisions include licensing requirements, laws concerning hunting field trials, and the dangerous dog subchapter.
DE - Domestic Violence - § 1045. Relief available; duration of orders, modification and termination Delaware amended its law on protection orders in domestic violence situations to include protection of pets in 2023. Per subsection (a)(12), a court may "[g]rant the petitioner the exclusive care, custody, or control of any companion animal owned, possessed, leased, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent and order the respondent to stay away from the companion animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the companion animal."
DE - Endangered Species - CHAPTER 6. ENDANGERED SPECIES Delaware prohibits the importation, transportation, possession, or sale of any part, hide or an endangered species of fish or wildlife. Delaware also prohibits the intent to import, transport, or sell any part or hide of an endangered species. The only lawful way to take an endangered species is by a license or permit from the Division of Fish and Wildlife and violation of this statute is a class A environmental misdemeanor.
DE - Equine Activity Liability - § 8140. CHAPTER 81. PERSONAL ACTIONS. This Delaware statute provides that an equine activity sponsor, an equine professional or any other person shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Liability is not limited, however, when the equine professional knowingly used faulty tack, failed to make reasonable and prudent efforts to determine the ability of the participant to engage in the activity, owns or otherwise is in lawful possession of the land upon which the participant sustained injuries because of a dangerous latent condition which was known, commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, or intentionally injures the participant. Equine professionals and sponsors are also required to post warning signs alerting the participants to the limitation of liability by law.
DE - Exotic Animals - Chapter 903. Exotic Animal Regulations These regulations govern the permitting process, possession, sale, rehabilitation and exhibition of exotic animals, i.e., live wild mammals, hybrids of wild mammals, and live reptiles not native to or generally found in the State of Delaware. The State Veterinarian or her or his designee shall have the authority to administer these regulations and shall be solely responsible for making the determinations required herein.

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