Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Tilson v. Russo | 30 A.D.3d 856 (N.Y.A.D. 3 Dept., 2006), | 2006 WL 1703632 (N.Y.A.D. 3 Dept.), 818 N.Y.S.2d 311 |
In this New York case, plaintiff, an experienced recreational horse rider, was bitten by a horse she intended to use to practice her techniques at defendant's stable. The rider then brought a negligence action against owners of horse that bit her on the shoulder. In affirming the lower court's granting of summary judgment, the appellate court found that rider's injury occurred in the context of her participation in the recreational sporting activity of horseback riding, for purposes of primary assumption of the risk principles. She was aware of the inherent risks in sporting events involving horses, had an appreciation of the nature of the risks, and voluntarily assumed those risks. |
Case | |
| NH - Dogs - Consolidated Dog Laws | N.H. Rev. Stat. § 3:25; § 4:13-s; § 466:1 - 466:54; 47:17; 207:11 - 207:13b; 210:18; 264:31; 436:99 - 436:109; 437:1 - 437:22; 437-A:1 - 9; 508:18-a; § 644:8-f | NH ST § 3:25; § 4:13-s; § 466:1 - 466:54; 47:17; 207:11 - 207:13b; 210:18; 264:31; 436:99 - 436:109; 437:1 - 437:22; 437-A:1 - 9; 508:18-a; § 644:8-f | These New Hampshire statutes comprise the state's dog laws. Among the provisions include licensing requirements, dangerous dog laws, and the rabies control code. | Statute | |
| Nichols v. Sukaro Kennels | 555 N.W.2d 689 (Iowa, 1996) | 61 A.L.R.5th 883 (1996) |
During a stay at defendant kennel, the kennel owner's dog tore off plaintiff's dog's left front leg and shoulder blade. Plaintiff's petition sought damages to compensate for the injuries and suffering the dog incurred and the loss of aesthetic intrinsic value of the dog. In upholding the district court's denial of damages for emotional injury and mental suffering, the Court of Appeals rejected plaintiff's argument for damages based on the intrinsic value of a pet for the negligent injury to the dog. |
Case | |
| FL - Vehicle - 316.0825. Vehicle approaching an animal | West's F. S. A. § 316.0825 | West's F. S. A. § 316.0825 | Every person operating a motor vehicle shall use reasonable care when approaching or passing a person who is riding or leading an animal upon a roadway or the shoulder thereof. A violation of this section is a noncriminal traffic infraction. | Statute | |
| OR - Domestic Violence - 107.718. Court order when petitioner in imminent danger of abuse (allows pets) | O.R.S. § 107.718 | OR ST § 107.718 | Under this Oregon law, if requested by a petitioner who has been the victim of domestic abuse, the court may enter an order to protect a companion or therapy animal. This includes an order to "[p]revent the neglect and protect the safety of any service or therapy animal or any animal kept for personal protection or companionship, but not an animal kept for any business, commercial, agricultural or economic purpose." | Statute | |
| People v. Cumper | 83 Mich. App. 490 (Mich. 1978) |
Defendants were convicted of being spectators at a fight or baiting between dogs and appealed, charging that the "spectator" portion of the statute was impermissibly vague and unconstitutionally overbroad. The court found that the statute was constitutional because it punished attendance as a spectator at an event legitimately prohibited by law and defendants had fair notice of the conduct proscribed. The defendants also claimed that there was insufficient evidence however, the court found ample evidence upon which the jury rendered their decision. |
Case | ||
| IL - Facility dog - 5/106B-10. Conditions for testimony by a victim who is a child or a moderately, | 725 I.L.C.S. 5/106B-10 | IL ST CH 725 § 5/106B-10 | This Illinois law allows a "facility dog" - a dog that is a graduate of an assistance dog organization that is a member of Assistance Dogs International - to be present during the testimony of a victim who is a child or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability. This occurs in the prosecution of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse. When deciding whether to permit the child or person to testify with the assistance of a facility dog, the court shall take into consideration the age of the child or person, the rights of the parties to the litigation, and any other relevant factor that would facilitate the testimony by the child or the person. | Statute | |
| MO - Dogs - Consolidated Dog Laws | V.A.M.S. 253.185; 270.010; 272.050; 273.010 - 405; 77.510; 80.090; 322.010 - 080; 10.112 - 113 | MO ST 253.185; 270.010; 272.050; 273.010 - 405; 77.510; 80.090; 322.010 - 080; 10.112 - 113 | These Missouri statutes comprise the state's dog laws. Among the provisions include laws for impounding loose dogs, licensing, rabies control, and the Animal Care Facilities Act, which regulates commercial breeders/pet shops. | Statute | |
| U.S. v. Stenberg | 803 F.2d 422 (9th Cir. 1986), superceded by statute in U.S. v. Atkinson, 966 F.2d 1270 (9th Cir. 1992) |
These three cases arose out of an undercover investigation by the United States Fish and Wildlife Service (FWS) into the illegal taking and sale of wildlife in interstate commerce, where defendants were engaged in the guiding and hunting business wherein customers would pay for illegal big game hunts. The court denied defendants' defense of outrageous government conduct and entrapment. It also held that the Lacey Act clearly notifies individuals that participation in prohibited transactions involving wildlife with a market value greater than $350 subjects them to felony prosecutions, thus defeating defendants' challenge of vagueness to the statute. Notably, the court reversed convictions on the fact that the provision of guiding services or providing a hunting permit does not constitute the sale of wildlife for purposes of the Lacey Act (this was amended in 1988 to include guide services, which overturned this decision. See U.S. v. Atkinson, 966 F.2d 1270 (9th Cir. 1992). |
Case | ||
| US - Wolf - Reinstatement of Protections for the Gray Wolf in the Western Great Lakes and Northern Rocky Mountains | FWSR6ES2008008; 9222011130000; C6 |
Reinstates the listing of the Western Great Lakes and Northern Rocky Mountains gray wolf populations in accordance with court orders. |
Administrative |