Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Prior Cases of the Month 2010 to 2016 | This document contains cases of the month from 2010 - 2016. | Policy | ||
| Casebook Update |
Updated material for David Favre, Animal Law, 3rd edition (2019) |
Basic page | ||
| PR - Ordinances - Municipal regulation of domestic animals | PR ST T. 24 § 651 | 24 L.P.R.A. § 651 |
This Puerto Rico statute confers authority to the municipal councils of Puerto Rico to regulate by ordinance, the running at large of domestic animals, destruction and impounding of such animals, as well as the regulation of muzzling and licensing of dogs. In addition, the councils are given authority to enact all needful ordinances to protect the public health as affected by the running at large of domestic animals. |
Statute |
| Bates (Guardian of) v. Horkoff | 1991 CarswellAlta 229 | 84 Alta. L.R. (2d) 236, 119 A.R. 270 |
The child plaintiff was at her daycare under appropriate supervision while in the playground when she was bitten on the hand by a neighbouring German Shepherd. The dog squeezed through an unmended gap in the fence and bit the child while she was on the swings; daycare staff were not negligent in supervising the children. While the dog had no history of biting, it was excitable and barked aggressively towards strangers outside the yard; the fence was in poor repair, but the owner had not thought it necessary to use the secure dog run that existed on his property. he was found negligent for not better securing and supervising the dog. |
Case |
| Williams v. Spinola | 622 P.2d 322 (Or.App., 1981) | 50 Or.App. 87 (1981) |
Defendant appeals from a judgment entered on a jury verdict awarding plaintiff $3,600 in compensatory and $4,000 in punitive damages for the unlawful killing of plaintiff's dogs. Defendant contended at trial that the dogs were trying molest her sheep. With regard to defendant's claim on appeal that punitive damages were not appropriate in this case, the court agreed that the issue should not have been submitted to the jury. The court affirmed the jury's finding with regard to denial of defendant's directed verdict, and reversed the award of punitive damages. |
Case |
| CT - Facility - § 51-10d. Judicial Branch Internet web site. Notice and information re animal-assisted therapy | C.G.S.A. § 51-10d | CT ST § 51-10d | This Connecticut law enacted in 2017 states that the Judicial Branch shall maintain on its Internet web site (1) notice that the court may exercise its discretion to permit a dog to provide comfort and support to a testifying witness, (2) a hyperlink to the Internet web site of an organization that provides information regarding animal-assisted therapy resources, and (3) if applicable, a hyperlink to information regarding such resources on the Internet web site of the Division of Criminal Justice. | Statute |
| CO - Vehicle, animal - § 13-21-108.4. Persons rendering emergency assistance from a locked vehicle | C.R.S.A. § 13-21-108.4, C.R.S.A. § 18-1-706.5 | This Colorado law allows the rescue of animals and "at-risk persons" from locked vehicles under certain conditions. "Animal" defined as cat or dog and specifically excludes livestock. A person is immune from civil or criminal liability for property damage resulting from forcible entry into locked vehicle if all of the following occurs: (1) an animal is present and the person has a reasonable belief that the animal is in imminent danger of death or suffering serious bodily injury; (2) the person determines the vehicle is locked and forcible entry is necessary; (3) the person makes reasonable effort to locate the owner as outlined in the law; (4) the person contacts law enforcement/911/emergency responders prior to forcibly entering vehicle; and he or she remains with vehicle until law enforcement/responders arrive. | Statute | |
| NY - Dangerous Dog - Chapter 69. Of the Consolidated Laws. | McKinney's Agriculture and Markets Law § 123, 123-a | NY AGRI & MKTS § 123, 123-a | This New York statute provides that statutory penalties for dog bites and the process for declaring a dog "dangerous." Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal, farm animal, or a domestic animal to a dog control officer or police officer of the appropriate municipality. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided in subdivision two of this section and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself. Upon a finding that a dog is dangerous, the judge or justice may order humane euthanasia or permanent confinement of the dog if one listed aggravating circumstances is established at the judicial hearing. | Statute |
| Sebek v. City of Seattle | 290 P.3d 159 (Wash.App. Div. 1,2012) | 2012 WL 6098265 (Wash.App. Div. 1,2012); 172 Wash.App. 273 |
Two Seattle taxpayers filed a taxpayer action lawsuit against the city of Seattle for violating Washington’s animal cruelty statute and Seattle’s animal cruelty ordinance with regard to a zoo’s elephant exhibit. After the lawsuit was dismissed by the King County Superior Court for lack of taxpayer standing, plaintiffs appealed the court’s decision. The appeals court affirmed the lower court’s decision because the plaintiffs’ complaint alleged the zoological society, not the city, acted illegally and because the operating agreement between the city and the zoological society made it clear that the zoological society, not the city, had exclusive control over the operations of the elephant exhibit. Significantly, the appeals court found that a city’s contractual funding obligations to a zoological society that cares and owns an animal exhibit at a zoo is not enough to allege a city violated animal cruelty laws. |
Case |
| People v. Lohnes | 112 A.D.3d 1148, 976 N.Y.S.2d 719 (N.Y. App. Div., 2013) | 2013 N.Y. Slip Op. 08471, 2013 WL 6670466 (N.Y. App. Div., 2013) |
After breaking into a barn and stabbing a horse to death, the defendant plead guilty to charges of aggravated cruelty to animals; burglary in the third degree; criminal mischief in the second degree; and overdriving, torturing and injuring animals. On appeal, the court found a horse could be considered a companion animal within New York's aggravated cruelty statute if the horse was not a farm animal raised for commercial or subsistence purposes and the horse was normally maintained in or near the household of the owner or the person who cared for it. The appeals court also vacated and remitted the sentence imposed on the aggravated cruelty charge because the defendant was entitled to know that the prison term was not the only consequence of entering a plea. |
Case |