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Savory v. Hensick |
Contractor brought a premises liability action against homeowners after falling over their dog. Contractor was descending from a ladder while working on homeowners' premises and stepped on the dog at the base of the ladder. The trial court held in favor of the contractor because the homeowners' dog made the yard foreseeably dangerous and the appellate court affirmed.
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Propes v. Griffith |
At issue on this appeal to a punitive damages award, is whether defendant's conduct in shooting her neighbors' two dogs was privileged under a Missouri statute that allows a livestock owner to kill dogs that are in the act of chasing sheep. The court held that there was absolutely no evidence indicating the Propes' dogs, or for that matter that any dog, was the cause of the previous attack on the Griffiths' sheep and more sheep were attacked after the dogs had been euthanized. Upon review, the court held that the punishment and deterrence of Mrs. Griffith's conduct is the precise reason for assessing punitive damages and the award of punitive damages was not arbitrary.
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Overview of Missouri Great Ape Laws |
This is a short overview of Missouri Great Ape law. |
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Oak Creek Whitetail Ranch, L.L.C. v. Lange |
A Missouri statute places liability on a dog owner where such dog kills or maims a sheep or "other domestic animal" of another. On December 10, 2006, three dogs of Defendant Glendon Lange entered Oak Creek’s deer breeding farm and killed 21 of Oak Creek's "breeder deer." The Missouri Court of Appeals, Eastern District, disagreed with the trial court, finding that "domestic" should have been interpreted by the "plain meaning" of the word, which therefore includes Oak Creek’s breeder deer.
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MO - Wildlife - Chapter 252. Department of Conservation--Fish and Game. |
No wildlife shall be pursued, taken, killed, possessed or disposed of except in the manner, to the extent and at the time or times permitted by such rules and regulations; and any pursuit, taking, killing, possession or disposition thereof, except as permitted by such rules and regulations, are hereby prohibited. Any person violating this section shall be guilty of a misdemeanor except that any person violating any of the rules and regulations pertaining to record keeping requirements imposed on licensed fur buyers and fur dealers shall be guilty of an infraction and shall be fined not less than ten dollars nor more than one hundred dollars. At least one case has held this statute to be applicable to dogs chasing deer. |
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MO - Veterinary - Chapter 340. Veterinarians. |
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. |
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MO - Veterinary - 20 CSR 2270-6.011 Rules of Professional Conduct |
Subsection 11 of the Rules of Professional Conduct for veterinarians provides that a licensee shall not reveal confidential, proprietary or privileged facts or data or any other sensitive information contained in a patient's medical records without the prior consent of the client except as otherwise authorized or required by law, regulation, or other order. The subsection specifically states that "[w]hen these situations [of abuse and neglect] cannot be resolved through education, the board considers it the responsibility of the veterinarian to report such cases to the appropriate authorities." Thus, the rule seems to create an ethical responsibility that mandates the reporting of abuse or neglect by veterinarians. |
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MO - Trust - Creation of trust, care of living animals |
This Missouri statute represents the state's pet trust law. The law provides that 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. |
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MO - Springfield - Breed - Prohibition of pit bull dogs. |
In Springfield, Missouri, it is unlawful to own, possess, keep, exercise control over, maintain, harbor, transport, or sell any pit bull, with exceptions made for animal shelters, dog shows, dog groomers, and registered dogs. The owner must sterilize the dog, keep it properly confined, and post “Pit Bull Dog” signs. Failure to comply could result in impoundment and destruction of the dog.
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MO - Rabies - Chapter 322. Protection Against Rabies |
This chapter concerns laws preventing the transmission and control of rabies and other zoonotic diseases. Section 322.140 provides that if a county does not adopt rules and regulations pursuant to sections 322.090 to 322.130, whenever an animal bites or otherwise possibly transmits rabies or any zoonotic disease, the incident shall be immediately reported to the county health department. It also provides that the owner of an owner that bites is responsible for the costs associated with rabies testing and/or treatment. Further, the owner of an animal that bites or otherwise possibly transmitted rabies or any zoonotic disease shall be liable to an injured party for all damages done by the animal. |
