what kind of lawyer defends a dog contract

Full Answer

What does a dog lawyer do?

A “dog lawyer,” or more accurately, an animal lawyer or animal law attorney, is an attorney who specializes in matters of animal law. Circumstances in which you may need sound legal advice and representation from someone with extensive experience with dog-related cases are not limited to dog bite incidents.

Do you need a lawyer for a dog lawsuit?

You are subsequently sued for significant damages, medical expenses, and pain and suffering. You need a dog lawyer! A “dog lawyer,” or more accurately, an animal lawyer or animal law attorney, is an attorney who specializes in matters of animal law.

What kind of lawyer do I need for a dog bite case?

What kind of lawyer do I need if my dog bit someone? Most personal injury lawyers should be able to handle a dog bite injury case, and you typically don't need to worry about finding an attorney who specializes in "dog bite defense" cases as opposed to one who handles work on the plaintiff's side.

What kind of legal issues can an animal law attorney help with?

Veterinary malpractice cases, custody issues in divorces, and landlord-tenant disputes are just a few examples of when an animal law attorney can help with legal issues pertaining to your dog. What is Animal Law? A relatively new and diverse legal specialty, animal law is an umbrella term encompassing all types of non-human animals.

Who is legally responsible for the actions of a dog?

Dog-bite statute - The dog owner is automatically liable for any injury or property damage the dog causes, even without provocation. “One-bite” rule - In some states, the owner is not held liable for the first bite the dog inflicts.

How do you protect a dog bite from a lawsuit?

Four Defenses That Could Be Raised in Your CaseNot the Owner. California's strict liability law only applies to the dog owner. ... Trespassing. The strict liability dog bite law only applies if the attack was on public property or you were lawfully on private property. ... Your Negligence. ... No Dog Bite.

Can a dog owner fall under strict liability under certain circumstances?

California's dog bite statute only holds the dog owner strictly liable if the victim was lawfully on the property. Trespassers – people who are on the dog owner's premises without an invitation or a legal right to be there – cannot hold the dog owner strictly liable.

Can you sue someone for making your dog sick?

If someone has injured or killed your dog, whether it was on purpose or an act of negligence, you can file a civil lawsuit against that person. There has to be enough proof, though, to point to malicious intent or some degree of negligence in order to recover any damages.

How much can I sue for a dog bite?

If there were serious injuries, the victim may sue for hundreds of thousands of dollars. However, in 2019, the average cost of a settlement for a dog bite case was between $35,000 and $50,000, depending on the state. Those amounts have been increasing, though. In 2019, the average settlement was $44,760.

Can I sue a dog owner for attacking me?

In many cases, you could make a dog bite compensation claim against a liable party such as your employer, or a dog owner. However, some claims may need to be made through the Criminal Injuries Compensation Authority, who could fund a claim for criminal acts of violence that cause injuries.

How do you prove strict liability?

To win a strict liability case, first, you must be injured. Second, you must prove that the defendant's product or actions caused the injury. As long as their conduct resulted in your injuries and the case falls under strict liability rules, you can make a claim for your damages without having to demonstrate fault.

What is the one bite rule?

Definition. A rule that says that the owner of a domesticated animal (e.g., a dog) will be held strictly liable for injuries caused by the animal only if the owner knew or should have known about the animal's dangerous or vicious propensities, which have been manifested in the past.

In which situation would a dog owner be strictly liable for a dog biting another person?

Under California's common law doctrine of scienter, an owner can be liable for a dog attack if his pet is known to be dangerous or vicious. The dog must have engaged in prior dangerous actions, and its owner must have known of them for this doctrine to be applicable.

Can I get my money back from a breeder?

Not every breeder's contract is the same, but the most common way for breeders to structure the return or rehoming of a puppy is to refund the buyer based on what the breeder is able to resell the dog for minus any costs incurred such as transportation or boarding.

What to do if a breeder has defrauded you?

If you believe that a pet dealer or breeder has violated either an implied or express warranty, you may sue to get a refund or replacement for the animal. Small claims court could be a good way to go, as long as you aren't seeking more money than your state's dollar limit for small claims.

What is veterinary negligence?

What is veterinary malpractice? Veterinary malpractice is essentially the same as medical malpractice, except the victims are animals. If a veterinarian harms or kills an animal due to carelessness or negligence, this may constitute malpractice.

What are the laws of dog court?

In addition to the civil laws which provide compensation for the victim (and sometimes punitive damages), there are criminal laws and administrative laws. "Dog court" usually proceeds under the administrative laws. There are three broad issues that arise in criminal and "dog court" hearings:

How to get justice for a dog?

To get justice, either in the form of a "not guilty" verdict or a proportionate sentence, you need to prepare thoroughly. To do so, see Defending Your Dog - Win Your Case In Dog Court, which is a complete manual that covers both the law and the strategies for cases in criminal court and "dog court.". To most dog owners, the most important question ...

What is the most important question in a dog bite case?

To most dog owners, the most important question in a criminal or administrative dog bite case is whether your dog will be taken from you and/or put down. Every jurisdiction has its own laws concerning the consequences which may result from a dog bite. In addition to the civil laws which provide compensation for the victim ...

What happens if my dog bites me?

After a bite incident, you and your dog may face charges in criminal court or "dog court.". If the bite was justified because of trespass or provocation, or if there is a risk that the punishment might not fit the "crime," you will need to retain an attorney or learn how to defend yourself.

What to do if your dog bites someone?

If your dog bites someone, do the right things so that the victim and his family do not become frustrated and take action. See If Your Dog Bites Someone. For the sake of prevention, see Why Dogs Bite , which explains that training, socializing and caring properly for your dog will reduce the risk that it will bite someone in the future. ...

What happens if my dog barks at the mailman?

If your dog barks too much, lunges at pedestrians, snaps at the mailman or kids on the block, trouble is on its way. It can take several forms. The Post Office may refuse to deliver mail until you deal with the problem. Animal control may cite you and fine you. Injuries to others will be followed by a letter from an attorney which, if you do not answer it, will in turn be followed by a visit from a Sheriff bearing the summons for a lawsuit.

What is a disposition for a dog?

The dispositions vary widely and can include a fine, an order that the dog be confined a certain way, a requirement that the dog be insured, euthanasia of the dog, or a number of other things. The person defending the dog should be prepared to convince the hearing officer to impose an acceptable disposition.

What Are Your Options?

If someone’s pet has bitten your body, the most basic course of action is to pursue an insurance claim. After you’ve been bitten, try to remain calm and simply trade insurance information.

Proving a Case With a Dog Bite Lawyer

There are varying degrees of difficulty in proving liability for a dog bite. Your lawyer will know all local laws pertaining to pets in the area you were bitten.

Defenses You Might Face

The owner of a dog that bit a person will probably hire an attorney to defend them against your accusations. Here are the most common defenses used:

Seek Justice and Compensation

Being bitten by a pet is never a fun experience. Make sure you seek the justice and compensation owed to you.

Can you argue that your dog bit someone?

In states that follow a " one bite rule ," you may be able to argue that you did not know (and could not have reasonably been expected to know) that your dog might end up biting someone.

Can a personal injury attorney defend against a dog bite?

You may be wondering how a personal injury attorney might be compensated if you decide to hire one to defend against a dog bite lawsuit. In many situations, your homeowners' insurance policy will kick in to cover the costs of defending a lawsuit over a dog bite, especially when it occurred on your property. So the insurance carrier should pay your ...

Can a personal injury lawyer handle a dog bite?

Most personal injury lawyers should be able to handle a dog bite injury case, and you typically don't need to worry about finding an attorney who specializes in "dog bite defense" cases as opposed to one who handles work on the plaintiff's side.

What is the Animal Legal Defense Fund?

Since 1979, the Animal Legal Defense Fund has been the leader in the fight to win animals the legal protection they so desperately need—and deserve. Your generous support is vital to our continued success.

What happens when someone kills an animal?

When someone kills or injures your animal, the law primarily (although not exclusively) sees this as an injury to “property.”. A lawyer who specializes in personal injuries or injury to property (called “torts” in the law) should be able to handle the case.

Is animal law a specialty?

Animal law is a relatively new, and growing, specialty within the law, and an increasing number of lawyers specialize in cases involving animals. In most cases, however, while it may be advantageous, it is not necessary to find an attorney who specializes in animal law specifically.

Can you pay more for an animal case?

However, due to the limited potential for recovery of damages in animal cases, it is possible to pay more for an attorney’s services than you are likely to recover if you win your case, barring an award for punitive or emotional distress damages.

What is an animal lawyer?

Animal lawyers are attorneys who specialize in cases involving animals, and are generally lawyers who practice law regarding injury to property. Animal lawyers specialize in property law, due to the law treating injuries to animals as injuries to personal property.

What are the laws regarding animal cruelty?

However, most state laws prohibit a variety of types of mistreatment of animals, with criminal and civil punishments ranging from a misdemeanor charge with small fines to felony charges with severe fines and possible imprisonment.

What is the difference between a misdemeanor and a felony for animal cruelty?

These can include: the level of cruelty, the number of animals involved, whether the alleged abuser has previous convictions, and the result of the animal cruelty.

What is intentional animal abuse?

Intentional animal cruelty, also known as animal abuse, is the more severe form of animal cruelty that occurs when a person severely harms a protect animal. Most state laws classify some or all of the following as intentional animal cruelty: Otherwise beating or injuring an animal unnecessarily or cruelly.

What is animal cruelty?

Killing, poisoning, or seriously injuring an animal without the legal authority to do so; or. Otherwise beating or injuring an animal unnecessarily or cruelly. As can be seen, the forms of animal cruelty listed above are more serious, and are often punished with more severe criminal penalties.

What to do if you see someone mistreating animals?

Thus, If you see or suspect that someone is mistreating animals, it is best to contact your local humane society, animal welfare group, or your local authorities. Humane society agents in many states have the legal authority to investigate complaints of animal cruelty, and may even seize animals that have been subjected to abuse.

What is animal abandonment?

Animal abandonment, often used interchangeably with animal neglect, occurs when an owner or caretaker of a pet or other animal neglects the animal. This can happen by not providing the basic necessities for the animal’s survival, such as food, water, and shelter.

What is a show dog contract?

Simply known as a Show Dog Contract, this written agreement guarantees that the puppy has inherent qualities to meet their breed standard. The breeder or seller has seen proof that the puppy will soon be qualified to compete in conformation events.

What is the objective of a puppy contract?

Nonetheless, the overall objective of a puppy contract should be to protect the dog.

What is a puppy contract?

A puppy contract is a binding document between the two parties- breeder and buyer- that makes clear the expectations of responsibility, medical, and financial obligations. With that said, no two puppy contracts are the same.

What does the buyer agree to when selling a puppy?

The buyer agrees to socialize, train, and keep the puppy/dog in a manner acceptable to the seller. If at any time, the seller finds that the puppy/dog is being kept, treated, or allowed to behave in a manner not acceptable to him/her, the buyer agrees to surrender the puppy/dog to the seller.

What is ethical breeder?

An ethical breeder has devoted his/her life to raising beautiful, healthy, and well-behaved dogs. Breeding takes a lot of devotion, following stringent practices, scheduling health checks, and making sure each puppy for sale receives love and socialization from the time of birth.

What does the buyer have to feed a puppy?

The buyer agrees to feed only those puppy/dog foods acceptable to the seller, and in particular, agrees not at any time to feed the puppy/dog a “raw,” BARF, vegetable, or home-cooked diet.

Can a dog be registered as a purebred?

The breeder certifies that the dog is eligible for registration under the Regulations of the American Kennel Club as a purebred (breed) and will provide the proper forms for such registration. The Breeder reserves the right to affix the kennel names (Kennel Prefix) and supply a registry name for the dog.