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Reicksview Farms, L.L.C. v. Kiehne |
This case is brought by a farm in the business of raising and breeding pigs. Plaintiff brought suit against a veterinarian and veterinary clinic for several claims, including malpractice. Plaintiff alleges defendant failed to oversee and perform testing for Mhp, leading plaintiff to unknowingly transfer infected pigs to other farms resulting in monetary damages. Defendants moved for summary judgment and were denied, with the court holding that the two year statute of limitations for veterinary malpractice claims does not apply, and the five year statute of limitations for unwritten contract applies. |
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Reporting Animal Cruelty |
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RI - Immunity - § 4-15-15. Veterinarian's emergency treatment of animals--Immunity from liability |
This Rhode Island statute provides that any licensed veterinarian of this state has the right to treat any animal which has become injured upon any public highway of this state or upon any public or private property of this state which is transported to that veterinarian by any person. If in the veterinarian's opinion the injuries sustained by the animal will result in death, the veterinarian has the right to apply euthanasia to eliminate any unnecessary suffering. Further, any animal treated by the veterinarian not reclaimed within 72 hours may be relinquished to the appropriate animal control facility. A veterinarian incurs no civil liability for actions taken in treating such animals. |
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RI - Lien - § 34-48-1. Lien on animals for their keep--Transfer of abandoned animals |
This Rhode Island law states that when an agreement has been made between the owner of any animals regarding the price of keeping, the animals shall be subject to a lien for the price of the keeping in favor of the person keeping the animals. The person may detain the animals until the debt is paid and, if not paid within 30 days, he or she may sell the animals at public auction after giving written notice to the owner of the time and place of the sale at least six days before the sale. Additionally, a kennel, as defined in § 4-19-2, or a veterinary hospital which boards or grooms animals for nonmedical purposes, may transfer any abandoned animal in its custody to a Rhode Island licensed nonprofit animal rescue, animal shelter, society for the prevention of cruelty to animals, or adoption organization as defined. |
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RI - Veterinary - Chapter 25. Veterinary Practice |
These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. |
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Richard B. Rappaport v. Max E. McElroy, D.V.M., Sherwood Veterinary Clinic, Inc. and Does 1 through 30, Inclusive |
In this California case, plaintiff sued a veterinarian for giving his exotic pet (a Serval cat), a flea treatment known to be toxic to cats. The veterinary malpractice action focused on defendant’s negligence in failing to exercise a reasonable level of knowledge and skill ordinarily possessed by others practicing veterinary medicine. In fact, plaintiff contended that it is well known in the field and indicated by the manufacturer of Spotton, that the drug should not be used on felines. Plaintiff prayed for damages in the amount of $25,000, which included lost wages, the commercial value of the cat, and loss of companionship, among other things.
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Ruden v. Hansen |
This appeal stems from an action against a defendant veterinarian for the alleged negligent vaccination of plaintiff’s pregnant hogs (gilts). The court articulated the standard of care: "As a veterinarian defendant was duty bound to bring to his service the learning, skill and care which characterizes the profession generally. In other words, the care and diligence required was that as a careful and trustworthy veterinarian would be expected to exercise. . . We are convinced the correct standard of the veterinarian's care should be held to that exercised generally under similar circumstances."
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Rule v. Fort Dodge Animal Health, Inc. |
The plaintiff brought this action against Defendants Fort Dodge Animal Health, Inc. and Wyeth Corporation, seeking economic damages suffered from the purchase and injection of her dog with ProHeart® 6 to prevent heartworm. The complaint alleged products liability/failure to warn, breach of implied warranty of merchantability, and violation of state deceptive business practices, among others. In 2004, defendants recalled ProHeart® 6 in response to a request by FDA due to reported adverse reactions. This Court found that Massachusetts law follows the traditional “economic loss rule,” where such losses are not recoverable in in tort and strict liability actions where there has been no personal injury or property damage. Here, the plaintiff was barred from recovering because she has not alleged any personal injury or property damage under her products liability claim. Further, plaintiff failed to show that defendants' deceptive act caused some injury and compsensable loss. Defendants' motion to dismiss was granted.
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Safford Animal Hospital v. Blain |
Appellant animal hospital sought review of the judgment entered against it for the injuries suffered by an individual after a cow escaped from the hospital and struck the man who owned the house to which the cow had run as the man tried to help the veterinarian secure the animal. The court held that appellant's liability is predicated upon its position as an owner or occupier of land whose duty with regard to the keeping of domestic animals is circumscribed under a bailment theory. Further the court held that the evidence supported the trial court's finding that appellant negligent under the doctrine of res ipsa loquitur.
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SC - Lien, boarding - § 29-15-60. Animal boarding facilities; liens upon animals for boarding expenses. |
This South Carolina law states that the owner of an animal boarding facility, at the end of an agreed upon term of boarding, shall have a lien upon any animal which is left for upkeep until the cost has been paid by the owner of the animal. The owner of the animal shall also be responsible for payment of the cost of care for the animal after notice of the lien. If the owner of the animal has not paid the cost after actual notice of the lien within ten days of such notice, the animal boarding facility owner may sell the animal after having advertised the time and place of the sale at least seven days before the sale is to be held. |
