Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Carter v. Metro North Associates | 255 A.D.2d 251, 1998 N.Y. Slip Op. 10266 (N.Y.A.D. 1 Dept.,1998) | 255 A.D.2d 251, 1998 N.Y. Slip Op. 10266 (N.Y.A.D. 1 Dept.,1998) |
In this New York case, a tenant sued his landlords for injuries after he was bitten on face by pit bull owned by another tenant. The lower court denied the landlords' motion for summary judgment and granted partial summary judgment for tenant on issue of liability. On appeal, the Supreme Court, Appellate Division held that the trial court erroneously took judicial notice of vicious nature of breed of pit bulls as a whole. In fact, the court found that the IAS court "erred in circumventing the requirement for evidence concerning the particular animal by purporting to take judicial notice of the vicious nature of the breed as a whole." Thus, the landlords were not strictly liable for the tenant's injuries where there was no evidence indicating that the dog had ever attacked any other person or previously displayed any vicious behavior. |
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| US - Service animals - Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities | 2008 WL 2413721 (F.R.) | CRT Docket No. 106; AG Order No. 2968-2008 |
The Department of Justice (Department) is issuing this notice of proposed rulemaking (NPRM) in order to: Adopt enforceable accessibility standards under the Americans with Disabilities Act of 1990 (ADA) that are "consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board" (Access Board); and perform periodic reviews of any rule judged to have a significant economic impact on a substantial number of small entities, and a regulatory assessment of the costs and benefits of any significant regulatory action as required by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
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Administrative | |
| CA - Restaurant - § 114259.5. Live animals | West's Ann.Cal.Health & Safety Code § 114259.5 | CA HLTH & S § 114259.5 | In 2014, California added amendments to its law on "Live Animals" in the Retail Food Code related to pet dogs in outdoor dining areas. If a food establishment owner allows it, patrons may bring their pet dogs to an outdoor dining area if requirements are met. Like other states, there must be an outdoor entrance, employees must wash hands if they touch the dogs, dogs must be leashed and under control, pet waste must be properly dealt with, and "food and water provided to pet dogs shall only be in single-use disposable containers." This last provision is interesting because it considers the needs of the canine customers. | Statute | |
| NE - Assistance Animal - Assistance Animal/Guide Dog Laws | Neb. Rev. St. § 49-801; Neb. Rev. St. § 20-126 - 131.04; Neb. Rev. St. § 28-1313 - 1314; Neb. Rev. St. § 54-603; Neb. Rev. St. § 28-1009.01 | NE ST § 49-801; Neb. Rev. St. § 20-126 - 131.04; Neb. Rev. St. § 28-1313 - 1314; NE St. § 54-603; NE St. § 28-1009.01 | The following statutes comprise the state's relevant service animal, assistance animal, and guide dog laws. | Statute | |
| KY - Dog Laws (also includes cats & ferrets) - Kentucky Consolidated Dog Laws (License, Impound, Bite, etc.) | KRS § 39F.040; KRS § 258.005 - 991; 150.390 | KY ST § 258.005 - 991; 150.390 | These Kentucky statutes comprise the state's Dog Laws, which were amended significantly in 2005. Included are all vaccination, licensing, animal control provisions, and the relevant dog bite statutes. Under Section 258.235, any person may kill or seize any dog which he sees in the act of pursuing or wounding any livestock, or wounding or killing poultry, or attacking human beings, whether or not such dog bears the license tag required by the provisions of this chapter. There shall be no liability on such person in damages or otherwise for killing, injuring from an attempt to kill, or for seizing the dog. That same section also comprises the state's new strict liability law for dog bites. Under Sec. 235(4), any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage. | Statute | |
| Justice for Animals, Inc. v. Robeson County | 164 N.C. App. 366, 595 S.E.2d 773 (2004) | 2004 WL 1091902 (N.C. 2004) |
Non-profit and advocate challenged the improper treatment/euthanasia of animals and complaint was dismissed. On appeal, the Court of Appeals held that the plaintiff's qualified as "aggrieved persons" within the statute, but that all administrative remedies were not sought. Affirmed. |
Case | |
| MD - Swap Meets - § 19-105. Sales or other transfers of dogs or cats at public places | MD Code, Business Regulation, § 19-105 | MD BUS REG § 19-105 | This 2016 law states that a person may not offer for sale, sell, offer to transfer, transfer, barter, trade, or auction a dog or cat at any public place, including a street, parking lot, carnival, swap meet, or fair, among others. The act does not apply to an animal welfare organization or animal control unit displaying dogs or cats for adoption or a prearranged sale of a dog by a dog breeder if not a recurring event. Violation results in a $500 civil penalty for a first violation, a $1,000 civil penalty for a second violation, and a civil penalty for a $1,500 for a third or subsequent violation. | Statute | |
| MN - Veterinary - Chapter 156. Veterinarians. Board of Veterinary Medicine. | M.S.A. § 156.001 - 20 | MN ST § 156.001 - 20 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. | Statute | |
| HI - Wildlife - Chapter 183D. Wildlife. | H R S § 183D-1 - 66 | HI ST § 183D-1 - § 183D-66 | These statutes comprise Hawaii's wildlife provisions. | Statute | |
| Quave v. Bardwell | 449 So.2d 81 (La.App. 1 Cir.,1984) |
Plaintiff-appellee, Debbie Quave, filed this suit against defendant-appellant, Curtis Bardwell, seeking damages for the deliberate and unjustified killing of her german shepherd dog, Kilo Bandito. The court upheld an award of $2,650, finding that the assessment of damages for plaintiff’s dog was proper since they were based on the value paid, stud fees, medical care, loss of income, and replacement costs. |
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