Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| 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 | |
| HI - Dog - General Dog Provisions | H R S § 143-1 - 20; H R S § 183D-65 | HI ST § 143-1 to 20; HI ST § 183D-65 | This Hawaii statute provides the pertinent regulations for dogs in the state. Included in its provisions are licensing, impoundment, seizure of loose or unlicensed dogs, and stray animals. Of particular note is a provision that makes it unlawful for any officer to knowingly sell or give any impounded dog to any person, firm, corporation, association, medical college, or university for the purpose of animal experimentation. | Statute | |
| University Towers Associates v. Gibson | 846 N.Y.S.2d 872 (N.Y.City Civ.Ct. 2007) | 18 Misc.3d 349, 2007 WL 4126442 (N.Y.City Civ.Ct.), 2007 N.Y. Slip Op. 27481 |
In this New York case, the petitioner, University Towers Associates commenced this holdover proceeding against the rent-stabilized tenant of record and various undertenants based on an alleged nuisance where the tenants allegedly harbored pit bulls. According to petitioner, the pit bull is an alleged “known dangerous animal” whose presence at the premises creates an threat. The Civil Court of the City of New York held that the landlord's notice of termination did not adequately apprise the tenant of basis for termination; further, the notice of termination and the petition in the holdover proceeding did not allege objectionable conduct over time by the tenant as was required to establish nuisance sufficient to warrant a termination of tenancy.
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| Smith v. Kopynec | 119 So.3d 835 (La.App. 1 Cir.,2013) | 2012-1472 (La.App. 1 Cir. 6/7/13) |
The plaintiff appeals the lower court's dismissal of her claims against defendant-landowners and their insurers. The plaintiff was injured (for the second time) by the defendant-landowners' son's pitbull while walking past their home. While it was undisputed that the landowners did not own the dog, the issue was whether they had a duty to prevent the attack via "custodial liability." Here, the defendant-landowners asserted that they thought the son had gotten rid of the dog after it was confiscated and quarantined by animal control after it first attacked the plaintiff. Thus, this court found that defendant-landowners did not know of the dog's presence on their property and affirmed the trial court's order of summary judgment. |
Case | |
| Night monkey poking out of a soiled hideout | Slideshow Images | ||||
| HI - Wildlife - Chapter 124. Indigenous Wildlife, Endangered and Threatened Wildlife, and Introduced Wild Birds | Haw. Admin. Rules (HAR) § 13-124-1 to § 13-124-13 | HI ADC § 13-124-1 to § 13-124-13 | The purpose of this chapter is to conserve, manage, protect, and enhance indigenous wildlife; and manage introduced wild birds. | Administrative |