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Title Citation Alternate Citation Agency Citation Summary Type
Howard v. Chimps, Inc. 284 P.3d 1181 (Or. App. 2012) 2012 WL 3195145 (Or. App. 2012); 251 Or.App.636 (2012)

While cleaning a cage at a chimpanzee sanctuary, the plaintiff was twice attacked by a chimpanzee, which left the plaintiff without much of her thumb. Plaintiff brought a suit against the sanctuary based on claims of strict liability; under a statute and common law; negligence; and gross negligence. At the district court, the plaintiff lost because she had signed a waiver releasing the sanctuary from liability "on all claims for death, personal injury, or property damage" and because she failed to state a claim in regards to the gross negligence charge. In affirming the lower court's decision, the appellate court found an enforceable contract existed with the waiver, and that there was no evidence of reckless disregard on defendant's part to rise to the level of gross negligence.

Case
ASOCIACION DE FUNCIONARIOS Y ABOGADOS POR LOS DERECHOS DE LOS ANIMALES Y OTROS CONTRA GCBA SOBRE AMPARO ASOCIACION DE FUNCIONARIOS Y ABOGADOS POR LOS DERECHOS DE LOS ANIMALES Y OTROS CONTRA GCBA SOBRE AMPARO” Argentina’s Juzgado No. 4 on Contentious Administrative and Tax Matters of the City of Buenos Aires held on October 21, 2015 that Sandra, an orangutan that had lived at the Buenos Aires Zoo for over 20 years, is a non-human person subject to rights, based on the precedent of the Argentina’s Federal Chamber of Criminal Cassation of December 18, 2014 and Ley 14.346, 1954. The court ruled that “Sandra has the right to enjoy the highest quality of life possible to her particular and individual situation, tending to avoid any kind of suffering that could be generated by the interference of humans in her life." In its holding, the court also stated that the Buenos Aires government has to guarantee Sandra’s adequate condition of habitat and the activities necessary to preserve her cognitive abilities. The amicus curiae experts Dr. Miguel Rivolta, Héctor Ferrari and Dr. Gabriel Aguado were instructed to prepare a binding report resolving what measures had to be adopted by the government in relationship to Sandra. Case
MN - Cruelty - Consolidated Cruelty Statutes M. S. A. § 343.01 - 40; 609.294; 609.596 - 597 MN ST 343.01 - 40; MN ST 609.294; 609.596 - 597 These Minnesota statute comprise the anti-cruelty laws in the state. This section first allows the formation of private prevention of cruelty to animals societies and humane societies and sets forth their obligations by law. "Animal" is defined by this section as every living creature except members of the human race. No person shall overdrive, overload, torture, cruelly beat, neglect, or unjustifiably injure, maim, mutilate, or kill any animal, or cruelly work any animal when it is unfit for labor. Under the neglect component, the statute states that no person shall deprive any animal over which the person has charge or control of necessary food, water, or shelter, among other things. Statute
AK - Zoo - § 09.65.180. Civil liability of zoos AS § 09.65.180 AK ST § 09.65.180 The Alaska law provides that, except as provided in (b), a person who owns or operates a zoo is strictly liable for injury to a person or property if the injury is caused by an animal owned by or in the custody of the zoo. Statute
IN - Exotic pet - Chapter 26. Wild Animal Permit. I.C. 14-22-26-1 to 6 IN ST 14-22-26-1 to 14-22-26-6 This set of Indiana laws concerns the keeping of protected and dangerous wild animals. Under the law, a person must obtain a permit to possess these classes of animals. A permit may be suspended if an emergency exists (e.g., the animal is in peril or the animal is in a position to harm another animal). Statute
WA - Cruelty - Consolidated Cruelty Laws (Chapter 16.52) West's RCWA 16.52.010 - 360 WA ST 16.52.010 - 360 This section of statutes contains Washington's anti-cruelty provisions. Under the section, "animal" means any nonhuman mammal, bird, reptile, or amphibian. Sections 16.52.205 and 16.52.207 are the primary anti-cruelty provisions that categorize cruelty in either the first or second degree. A person is guilty of animal cruelty in the first degree (a class C felony) when he or she intentionally inflicts substantial pain on, causes physical injury to, or kills an animal by a means causing undue suffering, or forces a minor to inflict unnecessary pain, injury, or death on an animal. A person is guilty of animal cruelty in the second degree (a misdemeanor) if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal. An owner of an animal is guilty of animal cruelty in the second degree the owner knowingly, recklessly, or with criminal negligence fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure, or if he or she abandons the animal. Statute
FL - Exhibition - Deformed Animals - Chapter 877. Miscellaneous Crimes. West's F. S. A. § 877.16 FL ST § 877.16 This law makes it illegal to exhibit any deformed, mutilated or disfigured animal for compensation. Statute
MD - Hunting - Subtitle 9. Captive Wildlife. MD Code, Natural Resources, § 10-901 - 911 MD NAT RES § 10-901 - 911 This Maryland statute states that it is in the state's public interest to preserve native species by strictly regulating the possession, importation, exportation, breeding, raising, protection, rehabilitation, hunting, killing, trapping, capture, purchase, or sale of certain wildlife which pose a possibility of harm to native wildlife. Statute
NJ - Cruelty - Consolidated Cruelty Statutes NJSA 4:22-10 to 4:22-61; NJSA 2C:33-31 - 32 NJ ST 4:22-10 to 4:22-61; 2C:33-31 - 32 These New Jersey statutes comprise the state's anti-cruelty provisions. According to the definitional section, "animal" or "creature" includes the whole brute creation. Exclusions under the act include state regulated scientific experiments, state sanctioned killing of animals, hunting of game, training of dogs, normal livestock operations, and the killing of rats and mice. With regard to livestock practices, no person may be cited or arrested for a first offense involving a minor or incidental violation of any provision of this title involving alleged cruelty to domestic livestock unless that person has first been issued a written warning. Statute
FL - Importation - Chapter 5C-3. Importation of Animals Fla. Admin. Code r. 5C-3.001 - 3.015 Rule 5C-3.001 to 3.015, F.A.C. This set of regulations constitutes the Department of Agriculture & Consumer Services rules governing the importation of animals. Administrative

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