North Carolina

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Phillips v. North Carolina State University


University operated a horse breeding management facility. Industrial Commission found that University was negligent in broodmare's death that occurred during transport. The Court of Appeals held that mare’s owners were entitled to lost profit for a single breeding cycle.

North Carolina v. Nance


The appellate court held that the trial court erred in denying the motion to suppress the evidence seized by animal control officers without a warrant. Several days passed between when the officers first came upon the horses and when they were seized. The officers could have obtained a warrant in those days; thus, no exigent circumstances were present.

NC - Veterinary - Article 11. 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.

NC - Trusts - § 36C-4-408. Trust for care of animal

This North Carolina provides that a trust for the care of one or more designated domestic or pet animals alive at the time of creation of the trust is valid.  Further, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the benefit of the designated animal or animals.  The trust terminates upon the death of the animal named or the last surviving animal named in the trust.

NC - Rabies - § 130A-195. Destroying stray or feral animals in quarantine districts

This North Carolina statute provides that when quarantine has been declared and dogs and cats continue to run uncontrolled in the area, any peace officer or Animal Control Officer shall have the right, after reasonable effort has been made to apprehend the animals, to destroy the uncontrolled dogs and cats and properly dispose of their bodies.

NC - Ordinances - § 67-4.5. Local ordinances

This North Carolina statute provides that nothing in the dangerous dog laws shall be construed to prevent a city or county from adopting or enforcing its own program for control of dangerous dogs.

NC - Ordinances - § 160A-186. Regulation of domestic animals

This North Carolina statute provides that a city may by ordinance regulate, restrict, or prohibit the keeping, running, or going at large of any domestic animals, including dogs and cats. The ordinance may provide that animals allowed to run at large in violation of the ordinance may be seized and sold or destroyed after reasonable efforts to notify their owner.

NC - Malpractice - Chapter 90. Medicine and Allied Occupations.

This North Carolina statute provides the standard of health care in actions for damages for personal injury or death arising out of medical-based malpractice. Under the statute, the plaintiff must prove by the greater weight of the evidence that the health care provider’s actions fell below the standards of practice of other health care professionals similarly trained and situated in the same or similar communities.

NC - Lien - Chapter 90. Medicine and Allied Occupations.

This North Carolina statute provides that any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care, unclaimed by its owner for a period of more than 10 days after written notice by registered or certified mail, shall be deemed to be abandoned and may be turned over to the nearest humane society, or dog pound or disposed of as such custodian may deem proper.  The giving of proper notice relieves such custodian of liability resulting from the disposal.

NC - Licenses - § 130A-192. Animals not wearing required rabies vaccination tags

This North Carolina statute provides that the Animal Control Officer shall canvass the county to determine if there are any dogs or cats not wearing the required rabies vaccination tag.  If the animal is wearing an owner identification tag, or if the Animal Control Officer otherwise knows who the owner is, the Animal Control Officer shall notify the owner in writing to have the animal vaccinated against rabies and to produce the required rabies vaccination certificate within three days.  If the animal is not wearing an owner identification tag and the Animal Control Officer does not otherwise know who the owner is, the Animal Control Officer may impound the animal.  The duration of the impoundment of these animals shall be established by the county board of commissioners, but the duration shall not be less than 72 hours.  During the impoundment period, the Animal Control Officer shall make a reasonable effort to locate the owner of the animal.

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