Results
Title |
Author | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| RSPCA v Harrison | (1999) 204 LSJS 345 | [1999] SASC 363 |
The respondent was the owner of a dog which was found with skin ulcerations, larval infestations and saturated in urine. On appeal, it was found that the trial judge failed to give proper weight to cumulative circumstantial evidence as to the respondent's awareness of the dog's condition. It was also found that 'illness' was intended to cover a wide field of unhealthy conditions and included the larval infestation. The respondent was convicted and fined. |
Case | |
| RSPCA v O'Loughlan | [2007] SASC 113 |
The appellant, the RSPCA, relied on the fact that a horse, once in RSPCA care, had a significantly improved condition in comparison to that described as 'emaciated' while in the respondent's care. The respondent claimed that the horse's condition fluctuated depending on the presence of mares in heat during summer and that she had tried several changes to the feed to counter a loss in weight. On appeal, the appellate judge did not disturb the trial judge's finding and confirmed that the respondent's conduct was reasonable in the circumstances. |
Case | ||
| RSPCA v. McCormick | [2016] EWHC 928 (Admin) | It was held that for an animal fight to have taken place, contrary to Section 8 of the Animal Welfare Act, the following must have occurred: a "protected animal" must have been placed with another animal in an environment where the ability of both to escape is restricted and controlled by some person or persons connected with that activity or by some artificial restraint. ‘Placed with’ is to be construed as a ‘matter of normal language.’ | Case | ||
| RSPCA v. Stojcevski | 2002 WL 228890, 134 A Crim R 441 | 2002 SASC 39 |
Appeal against the order of the Magistrate dismissing a complaint - prevention of cruelty to animals - respondent charged with ill treating an animal in that failed to take reasonable steps to alleviate any pain suffered by the animal who had a fractured leg bone contrary to sec 13(1) of the Prevention of Cruelty to Animals Act 1985. Dismissal was upheld and court found that defendant did not understand dog was in pain and had and was going to take reasonable steps. |
Case | |
| RU - Cruelty - Responsible Treatment of Animals | Responsible Treatment of Animals | Responsible Treatment of Animals | The Law on Responsible Treatment of Animals, signed by Vladimir Putin in 2018, prohibits the killing of animals “under any pretext.” The law also outlaws shooting or poisoning stray dogs and cats, which has occurred in Russian cities in recent years according to news sources. Under the law, owners must keep their pets in proper conditions and homeless animals must be taken-up, vaccinated, sterilized, and then released by local agencies. One of the primary purposes of the laws is to ban petting zoos at malls and the practice of bars and restaurants hosting animals. The conducting of animal fights is also banned under the new law. | Statute | |
| Ruden v. Hansen | 206 N.W.2d 713 (Iowa 1973) |
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." |
Case | ||
| Ruffin v. Wood | 95 A.D.3d 1290 (N.Y.A.D. 2 Dept.) | 2012 WL 1939443 (N.Y.A.D. 2 Dept.); 945 N.Y.S.2d 417 |
While the plaintiff was tending her garden, the defendant's dog jumped on a chain-linked fence that separated the plaintiff's and defendant's property. Startled, the plaintiff fell and injured herself. As a result of the incident, the plaintiff brought a personal injury suit against the defendant. Finding the dog had no vicious propensities, the jury returned a verdict in favor of the defendant; the plaintiff then appealed and lost. |
Case | |
| Ruiz v. Franklin County Animal Control | 732 S.E.2d 393 (Table), 2012 WL 4510934 (N.C.App.) (unpublished) |
This North Carolina case is an appeal from a denial of summary judgment in favor of Franklin County Animal Control. Defendants argue that the trial court erred by declining to enter summary judgment in their favor on the basis of governmental immunity. The appellate court agreed, reversed the trial court's decision, and remanded for an entry of summary judgment for defendants. The court found that there is no dispute in the record that Franklin County Animal Control and Stallings, in his official capacity as an Animal Control Officer, were performing a governmental function in impounding and euthanizing plaintiff's dog. Further, plaintiff failed to allege in her complaint that defendants waived governmental immunity, subjecting her action to dismissal. |
Case | ||
| Rule v. Fort Dodge Animal Health, Inc. | 604 F.Supp.2d 288 (D.Mass.,2009) | 2009 WL 678744 (D.Mass.) |
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. |
Case | |
| RULES FOR PLAYING GOD: THE NEED FOR ASSISTED MIGRATION & NEW REGULATION | Jessica Kabaz-Gomez | 19 Animal L. 111 (2012) | Climate change is quickly transforming habitats. Species in affected regions are facing extinction as they are unable to migrate to suitable environments. This Note discusses assisted migration, the intentional human-assisted movement of imperiled species to suitable habitats outside of their historic range, as an important—though controversial—conservation tool. There are, however, no comprehensive assisted migration regulations in the United States. This Note argues that the U.S. Fish & Wildlife Service (FWS) should be the agency to issue regulations regarding assisted migration because FWS already has broad authority under the Endangered Species Act to conserve wildlife. This Note proposes that new regulations should be based upon existing FWS frameworks. | Article |