Laura Mcfarland-Taylor's Answers

Dog bite, Dont know what to do

I'm surprised that the doctor you originally took your daughter to didn't report the bite. Your friend needs to make a claim with her insurance company and she needs to do it quickly since if she waits too long they may refuse the claim. You should speak with a local attorney so that s/he can deal with the insurance company - if you do it you may let your friendship get in the way of getting the best settlement from the company. The Florida Bar Association can give you a referral: www.flabar.org/

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My Washington town government had the newspapers publish a list of consumers who refused to pay their dog license fee.

If it is the law that you must license your dog and you broke that law, then the town is within its rights to publish your name. It has ZERO to do the debt collection laws.

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My dog allegedly bit my neighbors dog through the privacy fence. Who is at fault? Who should pay for the vet bills?

I agree that there are too many facts in dispute to really advise you, other than to say that you should notify your homeowner's insurance carrier of the claim, but make sure that you tell them (in writing) that you dispute the claim and that you do not want the matter settled. For claims of this type it is generally less expensive for an insurer to make an offer in settlement rather than go to court. If you ultimately agree to a settlement, make sure the settlement is clear that the payment is...

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If my dog knocks some one over at the dog park while playing with other dogs and they are hurt from the fall, am i liable?

I agree with my colleagues, but I have to add that in the context of dog parks it also depends on the permit language. My local dog parks require you to have a permit to enter and you basically assume the risk. Most people that go to dog parks understand that things happen, but, as pointed out, circumstances matter.

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My 11lb dog (leashed) was attacked & severely I injured by a German Shepherd (unleashed). Can i sue?

In addition to filing a report with animal control, you need to also file a report with your building's management company. If other tenants have had problems with this owner, they need to report it as well. The fact that the dog may be a service dog is somewhat irrelevant - even service dogs must be leashed. Send her a letter with deliver confirmation asking for payment of your vet bills (include a copy) by X date. If she doesn't pay by X date you can file suit in small claims court. You...

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Brother threatening to sue for custody of mother's dog due to will discrepancy

Maybe, maybe not. It is arguable that "a caring home" means YOUR home, or it could mean ANY caring home (and presumably that includes your father). Do you really want to fight about this? Why not just let your brother have the dog? If he does sue you (and he certainly can) it is going to be expensive and time consuming. Is this what your mom would have wanted?

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My ex has my dog and won't give her back.

If he is leaving the dog in his truck, why haven't you called the police or animal control? Do you have anything in writing that states the dog was to come back to you? If you don't you are going to have a tough time getting her back. You will likely have to sue him wherever he is currently living. That state's bar association can give you a referral.

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When a dog is given to you do you have to give him back if they ask for it?

No, you do not. I agree with my colleagues - get the dog micro-chipped and registered in your name.

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Can a landlord change the pet policy if a long term tenant already has a cat?

Yes, the landlord can change the terms of a lease at the time of renewal. Your friend should speak with the landlord about having her cat grandfathered in. Maybe offer a pet deposit?

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Neighbor bit by my dog, threatening suit. What are reasonable damages?

First, you should notify your homeowner's insurance company of the potential claim. Second, you should speak with a local attorney - the State Bar of California can give you a referral: www.calbar.ca.gov. Third, enroll your puppy in obedience class asap - if this does go to trial you want to show that the dog is being properly trained.

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