Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Ott v. Pittman | 463 S.E.2d 101 (S.C.App.,1995) | 320 S.C. 72 (1995) |
In this South Carolina case, a dog owner brought a negligence action against a hog farmer who shot two of the owner's champion "Treeing Walker Coonhound" dogs. The farmer counterclaimed, alleging damages for the dogs' action and malicious prosecution. The lower court ordered judgment for the dogs' owner (Ott) in the amount of $19,800, finding Pittman 90% liable. On the farmer's appeal, this court upheld the $19,800 award, finding sufficient support based on expert testimony about the specific qualities of the breed. |
Case |
| State v. Marcellino | 149 N.E.3d 927 (Ohio App. 11 Dist., 2019) | 2019-Ohio-4837 (Ohio App. 11 Dist., 2019) | Bianca Marcellino was charged and convicted of two counts of cruelty to animals after a search of her residence revealed two horses that were in need of emergency medical aid. Marcellino was ordered to pay restitution and she subsequently appealed. Marcellino argued that the trial court abused its discretion by denying the motion for a Franks hearing where there were affidavits demonstrating material false statements in the affidavit for the search warrant. The Court contended that the trial court did not err in failing to hold a Franks hearing because even if the Court sets aside the alleged false statements in the affidavit, there remained an overwhelming amount of sufficient statements to support a finding of probable cause. The Court also held that trial courts have the authority to order restitution only to the actual victims of an offense or survivors of the victim, therefore, the award of restitution to the humane society was not valid because humane societies are a governmental entity and cannot be victims of abuse. The Court ultimately affirmed the judgment of the municipal court and reversed and vacated the order of restitution. | Case |
| VA - Disaster - § 44-146.18. Department of Emergency Services continued as Department of Emergency Management; | VA Code Ann. § 44-146.18 | VA ST § 44-146.18 | In Virginia, the State Department of Emergency Management must develop an emergency response plan to address the needs of individuals with household pets and service animals in the event of a disaster (subsection (B)(18)). | Statute |
| LA - Vehicle, animal - § 1738.1. Immunity from liability; gratuitous emergency care to domestic animal | LSA-R.S. 37:1738.1 | LA R.S. 37:1738.1 | This 2018 Louisiana law states that there shall be no liability on the part of a person for property damage or trespass to a motor vehicle, if the damage was caused while the person was rescuing an animal in distress. The person must first do the following: (1) make a good-faith attempt to locate the owner before forcibly entering the vehicle (based on the circumstances); (2) contact local law enforcement/911 before forcibly entering; (3) determine the vehicle is locked and has a good-faith belief there is no other reasonable means for the animal to be removed; (3) believe that removal of the animal is necessary because the animal is in imminent danger of death; (4) use no more force than necessary to rescue the animal; (5) place a notice on the windshield providing details including contact information and the location of the animal; and (6) remain with the animal in a safe location reasonably close to the vehicle until first responders arrive. For purposes of the law, "animal” means any cat or dog kept for pleasure, companionship, or other purposes that are not purely commercial. | Statute |
| OK - Licenses - § 22-115. Animals running at large--Regulation and taxation | 11 Okl. St. Ann. § 22-115 to 115.1 | OK ST T. 11 § 22-115 to 115.1 | This Oklahoma statute provides that the municipal governing body may regulate or prohibit animals from running at large. The governing body may also regulate and provide for taxing the owners and harborers of dogs, and authorize the killing of dogs which are found at large in violation of any ordinance regulating the same. | Statute |
| United States v. Gideon | United States v. Gideon, 1 Minn. 292 (1856). |
The Defendant was convicted in the District Court of Hennepin county for the unlawfully malice killing of a dog. The Defendant appealed the descision to the Supreme Court of Minnesota to determine whether a dog has value and thus would be cover by the Minnesota cruelty to animal statute. The Supreme Court of Minnesota found that a dog has no value and would not be covered by the statute. |
Case | |
| Smith v. City of New York | 889 N.Y.S.2d 187 (N.Y.A.D. 1 Dept.,2009) | 2009 N.Y. Slip Op. 08969 |
This New York appeal reversed the lower court's judgment finding Officer Smith strictly liable for dog-bite injuries sustained by infant plaintiffs. The court found that, in the limited time the officer spent with the dog, the dog acted friendly, playful, and "rambunctious." He did not see the dog growl or lunge at the plaintiff and her family, who were sitting in the precinct house. The testimony adduced at trial did not establish that Officer Smith knew or should have known of the dog's vicious propensities. Further, the court found the evidence was insufficient to show that Officer Smith owned the dog. Rather, he took temporary custody of the abandoned dog with the intention to transport him to the ASPCA, and the dog was in his possession for, at most, a few hours. |
Case |
| TN - Domestic Violence - Part 6 Domestic Abuse | T. C. A. § 36-3-601 - 606 | Under Tennessee's Domestic Abuse Act, the definition section states that "abuse" includes inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by an adult or minor. Section 606(9) allows the court to direct the care, custody, or control of any animal owned, possessed, leased, kept, or held by either party or a minor residing in the household. Further, in no instance shall the animal be placed in the care, custody, or control of the respondent, but shall instead be placed in the care, custody or control of the petitioner or in an appropriate animal foster situation. | Statute | |
| LEY Nº 300, 2012 | 0300 | Ley 300 establishes the legal framework for the conservation of the environment, or ‘mother earth.' This law recognizes the rights of mother earth and the legal status that are subjects of rights. | Statute | |
| NH - Dog Bite - Chapter 466. Dogs and Cats. | N.H. Rev. Stat. § 466:31 to 31-a | NH ST § 466:31 to 31-a | Under this section, a dog is considered to be a nuisance, a menace, or vicious to persons or to property if it is "at large," if it barks for sustained periods, if it chases cars continuously, or if it growls, snaps at or bites persons. If a dog bites a person and breaks the skin, the animal control officer must inform the victim whether the dog was vaccinated against rabies within 24 hours. | Statute |