Transport/Vehicle

Displaying 71 - 80 of 83
Titlesort ascending Summary
Casillas v. Schubauer


Ramona Casillas and Delora Stickelman brought this negligence action after suffering injuries when Casillas' vehicle collided with an eighteen-hundred pound Black Angus bull owned by Ted Schubauer. The appellate court reversed the trial court's grant of summary judgment and remanded the action for trial. The court held that, under these circumstances, a genuine issue of material fact exists as to whether Schubauer could have reasonably anticipated the black bull would escape and stray onto Highway 83 where Schubauer knew the black bull escaped from a corral when confined with another bull on a prior occasion. Further, the court found there is a split of authority as to whether and to what extent the doctrine of res ipsa loquitur applies to cases involving collisions between motorists and domestic animals. Therefore, it is for the circuit court to determine whether Casillas and Stickelman are entitled to an instruction on res ipsa loquitur in light of the substantive law and the evidence at trial.
CA - Vehicle - § 23117. Transportation of animals; enclosure or restraint requirements This California law prohibits any person from transporting any animal in the open back of a vehicle on a highway unless the vehicle has sides that extend 46" vertically, or the animal is secured in a cage and cross-tethered to prevent it from jumping out of the vehicle. The law targets the transporting of dogs in the back of pickup trucks. Exclusions include the transportation of livestock and farm dogs.
CA - Transportation - Chapter 12. Safe Transportation of Dogs and Cats This chapter contains the Safe Transportation of Dogs and Cats Act. A “mobile or traveling housing facility” means a transporting vehicle, including, but not limited to, a car, truck, trailer, bus, or recreational vehicle used to transport animals. The conditions in a mobile or traveling housing facility for dogs and cats shall not endanger the health or well-being of an animal
CA - Horse slaughter - § 597o. Humane transportation of equine to slaughter; vehicle requirements; This statute outlines the requirements for transporting equine to slaughter, including, but limited to, proper ventilation, sufficient space for equine to stand, and the use of ramps and floors with nonskid surfaces.
CA - Horse - § 21759. Caution in passing animals This California law provides that the driver of any vehicle that approaches a horse drawn vehicle, any ridden animal, or livestock must exercise proper control of his vehicle and shall reduce speed or stop as may appear necessary to avoid frightening the animal and to insure safety of the person in charge of the animal.
CA - Emergency - § 1797.10. Emergency medical transport for police dog; pilot project; Section 1799.109, first makes legislative findings on the importance of dogs and cats to Californians and that some first responder agencies have been providing stabilizing, life-saving emergency care to dogs and cats, which violates the Veterinary Medicine Practice Act. This new law allows an emergency responder to provide basic first aid to dogs and cats to the extent that the provision of that care is not prohibited by the responder's employer. The responder is not subject to criminal prosecution under the prohibitions of the Veterinary Medicine Practice Act. Basic first aid includes things like administering oxygen, manually clearing an upper airway, controlling a hemorrhage with direct pressure, and bandaging to stop bleeding. This section does not impose a duty or obligation upon an emergency responder or any other person to transport or provide care to an injured pet or other domesticated animal during an emergency nor does it require emergency services through a 911 call for dogs or cats.
CA - Cruelty, unattended animal - § 43.100. Property damage or trespass to motor vehicle resulting from rescue of animal; This California law effective January 1, 2017 states that there is no civil liability for property damage to a motor vehicle if the damage was caused by a person rescuing an animal under Section 597.7 of the Penal Code.
Brazil's ban on live cattle exports This is the case in which a court in Brazil banned live cattle exports from all Brazilian ports based on animal welfare concerns. It is the result of a lawsuit filed by the NGO "Foro Nacional para la Protección y Defensa de los Animales," who requested that this type of animal transport to be banned. In 2018, the court granted a temporary injunction prohibiting live cattle exports. However, this injunction was invalidated by a superior tribunal. In her opinion, the judge stated that "animals are not things. They are sentient living beings—individuals who feel hunger, thirst, pain, cold, anguish, and fear. " In its holding, the judge compares the treatment of animals to the treatment suffered by humans during the slave trade, stating that non-human animals suffer the same treatment in the name of commercial development. Furthermore, the judge concluded that the necessary methods to guarantee the health and well-being of animals in this type of transport were not being adopted and urged for the harmonization between the interests of human animals (economic interest or interest in providing food for the population) with the ethics that must preside over their relations with non-human animals, encouraging the country to be at the forefront in abolishing inappropriate handling and eradicating all types of cruelty against animals. Even though this is a landmark decision, it is important to mention that this is not a final decision constituting legal precedent, and a higher court can invalidate it if it is appealed.
AZ - Motor vehicle - 12-558.02. Limited liability; removing minor or confined animal from motor vehicle; definition This Arizona law insulates a person from liability for civil damages when he or she uses reasonable force to enter a locked and unattended motor vehicle to remove a minor or confined domestic animal if certain factors apply. The person first must determine that the motor vehicle is locked or there is no reasonable manner in which the person can remove the minor or domestic animal from the vehicle. Before entering the vehicle, the person must notify law enforcement or first responders. No more force than is necessary to remove the animal or minor may be used and the person must remain with the minor or domestic animal until first responders arrive. For the purposes of this section, “domestic animal” means a dog, a cat or another animal that is domesticated and kept as a household pet.
AZ - Equine Transport - Transporting equine in a cruel manner; violation; These Arizona laws provide the requirements for transporting equines to slaughter. A vehicle used to transport equine for slaughter may have no more than one level or tier in the compartment containing the equine. Violation of the laws constitutes a misdemeanor.

Pages