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Koester v. VCA Animal Hosp. |
Plaintiff pled damages that included plaintiff's pain and suffering, extreme fright, shock, mortification, and the loss of the companionship of his dog after negligent treatment by defendant animal hospital killed his dog. The court noted that there is no Michigan precedent that permits the recovery of damages for emotional injuries allegedly suffered as a consequence of property damage. Although this Court is sympathetic to plaintiff's position, it chose to defer to the Legislature to create such a remedy.
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Koivisto v. Davis |
Defendants, the Macaks, owned two dogs being boarded at Chieftan Kennels. Plaintiff was outside on her deck when the dogs entered her property and attacked her cats, one of which died later from its injuries. The plaintiff rushed to defend the cats and suffered multiple bites from the dogs. The trial court held that the plaintiff had “provoked” the dogs. The Court of Appeals reversed. “The dogs were already provoked and, in fact, were in a state of attack, for whatever reason when plaintiff responded to their behaviors while on her own property.”
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MI - Alma - Breed - DIVISION 2. VICIOUS DOGS |
In Alma, it is unlawful to keep, harbor, own, or possess any vicious dog, with exceptions. "Vicious dog" is defined as any dog with a propensity to attack, injure, or otherwise endanger the safety of people or domestic animals. A vicious dog is also any dog that attacks or indicates that it is liable to attack a person or domestic animal. There is a rebuttable presumption that a pit bull dog is a vicious dog.
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MI - Assistance animals - Assistance Animal/Guide Dog Laws |
The following statutes comprise the state's relevant assistance animal and guide dog laws. |
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MI - Biological Diversity - Chapter 324. Natural Resources and Environmental Protection Act. |
These Sections describe the State's desire to conserve biological diversity as well as the State's strategy and considerations in achieving this goal. These sections also create the joint legislative working committee on biological diversity. |
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MI - Constitutional Provisions - Michigan Natural Resources Trust Fund |
The trust fund consists of all bonuses, rentals and royalties collected or reserved by the state under provisions of leases for the extraction of nonrenewable resources from state owned lands. |
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MI - Constitutional Provisions - Protection of Natural Resources |
This section declares the protection, conservation, and development of the state's natural resources to be of paramount public concern and the legislature shall provide for the protection of the air, water and other natural resources of the state from pollution, impairment and destruction. |
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MI - Constitutional Provisions - § 5. State lands |
This section describes the State legislature's authority over all state land and the requirement that all departments that have supervision or control of any state land submit an annual report as to the status of such land to the legislature |
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MI - Courtroom - 600.2163a. Protections and procedures for minor, developmentally-disabled, and vulnerable-adult |
This law relates to the use of courtroom support dogs, which became effective in January 2019. The court must permit a witness who is called upon to testify to have a courtroom support dog and handler sit with, or be in close proximity to, the witness during his or her testimony. For purposes of this law, "witness" is defined as a person under the age of 16, a person over 16 who has a developmental disability, or a vulnerable adult. This section only applies to certain prosecutions and proceedings under the Michigan penal code. A notice of intent to use a support person or courtroom support dog is only required if the support person or courtroom support dog is to be utilized during trial and is not required for the use of a support person or courtroom support dog during any other courtroom proceeding. “Courtroom support dog” means a dog that has been trained and evaluated as a support dog pursuant to the Assistance Dogs International Standards for guide or service work and that is repurposed and appropriate for providing emotional support to children and adults within the court or legal system or that has performed the duties of a courtroom support dog prior to September 27, 2018. |
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MI - Cruelty - Chapter 750. Michigan Penal Code. |
This Michigan law provides that no railroad company shall permit the confinement of animals in railroad cars for longer than 36 consecutive hours without unloading for rest, water, and feeding of at least 5 consecutive hours unless prevented by a storm, or other "accidental causes." Any company, owner or custodian of such animals, who does not comply with the provisions of this section, can be fined between $100 and $500 for each and every such offense. However, when animals are carried in cars where they have proper food, water, space and opportunity for rest, the provisions of this section that require unloading do not apply. |
