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Displaying 91 - 100 of 6638
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| DeVaul v. Carvigo Inc. | 526 N.Y.S.2d 483 (N.Y.A.D. 2 Dept.,1988) | 138 A.D.2d 669 (N.Y.A.D. 2 Dept.,1988) |
This New York case involved a dog bite victim who brought an action against the owner to recover for personal injuries. The Supreme Court, Nassau County entered judgment in favor of owner. On appeal with the Supreme Court, Appellate Division, the court held that the viciousness of German shepherd dogs was not appropriate subject of judicial notice. The court found that there is no authority for the proposition that judicial notice should be taken "as to the ferocity of any particular type of domestic animal." |
Case | |
| England - Transport - The Welfare of Animals (Transport) (England) Order 2006 | 2006 No. 3260 | Regulations to provide general protections to vertebrate and cold blooded invertebrate animals during transport. It is an offence to transport an animal in a way which causes, or is likely to cause, injury or unnecessary suffering to that animal. Similar legislation is in place for the rest of the UK (Wales, Scotland and Northern Ireland.) | Statute | ||
| CO - Service animal - Article 23. Training Veterans to Train Their Own Service Dogs Pilot Program | C. R. S. A. § 26-23-101 - 105 | CO ST § 26-23-101 - 105 | This set of Colorado laws (effective June of 2016) creates a pilot program for veterans to train their own service dogs. The program identifies a group of up to 10 veterans to pair with dogs. Qualified canine trainers will work with the veterans to use train the dogs for use as service dogs. The program will further offer those veterans who graduate from the program with a trained dog the opportunity and necessary follow-along services to expand the program, if willing, by identifying, fostering, and training a subsequent dog for another eligible veteran who is unable to complete one or more parts of the process due to physical limitations. Other sections of the article explain the criteria for selecting the non-profit agencies for implementation and the creation of a fund in the state treasury. | Statute | |
| US - Air travel, service animals - Subpart H. Services on Aircraft. | 14 C.F.R. § 382.117, § 382.51, and § 382.117 | Note: two of these sections were removed and reserved in 2020, effectively removing provisions related to service animals. Prior to it being removed, it previously stated that carriers must permit service animals to accompany passengers with disabilities. A carrier must permit the service animal to accompany the passenger with a disability at any seat in which the passenger sits, unless the animal obstructs an aisle or other area. The Department of Transportation used to allow identification of a service animal by the presence of harnesses, tags, or "the credible verbal assurances of a qualified individual with a disability using the animal." A carrier is was never required to accommodate certain unusual service animals (e.g., snakes, other reptiles, ferrets, rodents, and spiders). | Administrative | ||
| ND - Trust - Chapter 59-12. Creation, Validity, Modification, and Termination of Trust | NDCC 59-12-08 | ND ST 59-12-08 | North Dakota's pet trust law was enacted in 2007. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. | Statute | |
| KY - Wildlife, Bounty - Chapter 150. Fish and Wildlife Resources. | KRS § 150.425 | KY ST § 150.425 | This Kentucky law provides that, upon a resolution of the fiscal court that finds that beavers pose a threat to farmland, trees, or other property, the fiscal court may request a bounty on beaver. Each beaver tail presented to any conservation officer nets $10 (possibly offset by $1 for the cost of administering the bounty program). | Statute | |
| DuBois v. Quilitzsch | 21 A.3d 375 (R. I. 2011) | 2011 WL 2517021 (R.I.) |
After a dog injured a city inspector during an inspection of a property, the inspector sued the homeowners. Inspector alleged strict liability, premises liability, and negligence. The Supreme Court entered summary judgment for the defendants on the premises-liability and negligence claims because the inspector failed to show that homeowners had knowledge of their dog's vicious propensities. These claims were subject to the common law one-bite rule (and not strict liability) because the injuries occurred within an enclosed area on the owner’s property. |
Case | |
| McPherson v. Schlemmer | 749 P.2d 51 (Mont. 1988) | 230 Mont. 81 (Mont. 1988) |
In McPherson v. Schlemer , plaintiff’s cows were killed by defendant when they wandered onto the highway. The court determined that damages were calculated at the present and future profits for fair market value. |
Case | |
| Tighe v. North Shore Animal League | 142 A.D.3d 607, 36 N.Y.S.3d 500 (N.Y. App. Div. 2016) | 36 N.Y.S.3d 500, 2016 N.Y. Slip Op. 05807 | In May 2012, Tighe adopted a dog from the North Shore Animal League after having been warned that the dog was possessive regarding food. After taking the dog home, Tighe noticed that the dog exhibited aggressive behavior, such as jumping at the backyard fence and growling at her when she attempted to feed the dog. In July of 2012, the dog bit Tighe’s hand when she tried to pick up a cookie off of the floor. As a result, Tighe spent three days in the hospital due to severe blood loss and swelling. Additionally, in September of 2012, the dog bit Tighe in the face causing severe injuries. After the incident in September, Tighe filed suit against the North Shore Animal League to recover damages for negligence, breach of implied warranty of merchantability, and intentional infliction of emotional distress. The court dismissed the claim of emotional distress but granted summary judgment in favor of Tighe with regard to the other claims of negligence. The North Shore Animal League appealed the lower court’s decision. Ultimately, the Supreme Court of New York overturned the lower court’s decision and granted summary judgment in favor of the North Shore Animal League on all claims. The court found that the North Shore Animal League was not a proximate cause to Tighe’s injuries for failing to adequately warn her about the dog’s aggreesive behavior because Tighe learned of the dog’s aggressive behavior three months prior to the incident that caused Tighe’s injuries. According to the court, once Tighe learned of the dog’s aggressive tendencies, she was in the best position to take “precautionary measures to prevent harm to herself.” So, even if the North Shore Animal League had failed to warn Tighe of the dog’s aggressive tendencies prior to the adoption, Tighe “independently” learned of the dog’s aggressive behavior prior to the incident which eliminated the North Shore Animal League as being a proximate cause of her injuries. | Case | |
| MN - Habitat - Minnesota Environmental Rights Act (Chapter 116B. Environmental Rights) | M. S. A. § 116B.01 - 13 | MN ST § 116B.01 - 13 | Minnesota protects the environment under the Minnesota Environmental Rights Act (MERA). Under MERA, citizens may bring suits for civil remedies where activities are interfering with their enjoyment of natural resources, including eagle nesting sites. The law provides a comprehensive scheme under which anyone with sufficient interest in protecting land, water, air, or any natural resources may bring suit to enjoin an action. | Statute |