Geordie Duckler’s Answers

Geordie Duckler

Tigard Animal Law Attorney.

Contributor Level 5
  1. In Maricopa County, AZ, what would my liability be if a dog I was watching went missing from the back yard and was found dead?

    Answered 3 months ago.

    1. Geordie Duckler
    2. Dane Johnson
    3. Christopher B Wencker
    4. Gary Ralph Ilmanen
    4 lawyer answers

    Your question really involves the legal area of “bailment”, which occurs with the delivery of an object of a personal nature by one party to another to be held by the other according to the purpose of the delivery and to be returned when the purpose has been accomplished. Here, you are the bailee who is given physical custody and control of a dog while the bailor, the dog's owner, retains legal ownership. A bailment is always created when one leaves an animal in another’s care, and in such...

    4 lawyers agreed with this answer

  2. Owners retrieved boarded dog without paying. We were told we might get to keep him. We had him 4 moths and she came and took him

    Answered 3 months ago.

    1. Geordie Duckler
    2. Gary Ralph Ilmanen
    3. Christopher B Wencker
    3 lawyer answers

    This involves the legal area of “bailment”, which occurs with the delivery of an object of a personal nature by one party to another to be held by the other according to the purpose of the delivery and to be returned when the purpose has been accomplished. The bailee is given physical custody and control of the object while the bailor retains legal ownership. Bailment is created specifically when one leaves an animal or its components in another’s care, and in such circumstances the bailee...

    2 lawyers agreed with this answer

  3. How do I get my dog back?

    Answered 3 months ago.

    1. Edwin Arnold Anderson
    2. Geordie Duckler
    3. Jennifer L. Ellis
    3 lawyer answers

    The determination of the true owner of the dog would likely depend on what the specific agreement was between your inlaws and you and how that agreement was memorialized. Every state recognizes oral agreements for the purchase of personal property, so it isn't necessarily required to have been in writing - but it is required that you had a pretty clear agreement about who was going to own it. A thorough interview of you for the relevant facts about the discussion would likely reveal who will...

    3 lawyers agreed with this answer

  4. I broke up with a boyfriend and he is refusing to return my cat. I have all of her adoption papers and don't know what to do.

    Answered over 2 years ago.

    1. Geordie Duckler
    2. Kim L Lengert
    3. Laura Mcfarland-Taylor
    3 lawyer answers

    If the refusal to return was very recent, you may consider calling a law enforcement agency such as a local police department or sheriff's office in order to report a theft-related offense. Those types of agencies may or may not consider it a criminal matter, but it may not hurt to at least try that route first. If the refusal to return was a considerable time ago, then as a civil matter the courts can certainly help you recover your animal through a procedure called replevin (but not the small...

    3 lawyers agreed with this answer

  5. At what point is this MY cat?

    Answered 3 months ago.

    1. Talitha Davies Wegner
    2. Geordie Duckler
    3. Keith G Langer
    3 lawyer answers

    Dogs and cats are deemed personal properties under every state law. As to ownership of personal properties in general, the generic rule is that one of the incidents of such ownership is the right to invite other persons to use the property or, conversely, to exclude them from doing so. Just as the ownership of an automobile implies the right of possession and control so does the ownership of a dog or cat. As to proving ownership of dogs and cats as distinct to doing so with cars, proof operates...

    1 lawyer agreed with this answer

  6. My next door neighbor's dog bit and tore off my dog's leg

    Answered 3 months ago.

    1. Geordie Duckler
    2. John R Larson
    3. Gary Ralph Ilmanen
    3 lawyer answers

    A dog owner can be held “strictly liable” for dangerousness if he or she knew about their dog’s dangerous propensities to bite or attack, whether in anger or in play. They would also be considered negligent for a failure to confine and/or control his or her dog if either, they intentionally caused the dog to attack and bite, or were careless in failing to prevent the harm. Dog owners always have a duty to take reasonable precautions to prevent the foreseeable risk of injury by their dog....

    1 lawyer agreed with this answer

  7. Can I fire an employee after giving them one notice if they are abusing our animals?

    Answered 3 months ago.

    1. David B Sherman
    2. Geordie Duckler
    3. Gary Ralph Ilmanen
    3 lawyer answers

    Since animal abuse is a crime in every state in the Union (and is a felony in most), then it would seem to be as good a cause as any to fire an employee on the basis that they are likely engaging in criminal conduct, usually a pretty big no-no in any workplace. While there may be other facts to this scenario which could change this approach, and while you could provide notice first if you wished to (and also simply or additionally report the activity as an actual suspected crime to a local law...

    2 lawyers agreed with this answer

  8. I live by the lake and a wild bird constantly attacks my dog when he is in the back yard. Am I allowed to kill it? What can I do

    Answered over 2 years ago.

    1. Brent Allan Rose
    2. Laura Mcfarland-Taylor
    3. Geordie Duckler
    3 lawyer answers

    A good answer to your question is really going to require knowing quite a bit more about the situation, not the least of which is some critically identifying information about the bird involved. Generically, you should know that you certainly have rights to reasonably protect your property (a category which includes your dog) in the face of threats to its damage or destruction, but those are not absolute rights, that is, they are qualified by the rights inherent in other properties and other...

    2 lawyers agreed with this answer

  9. Does my new landlord have the right to deny my application because my service dog is a pitbull

    Answered 3 months ago.

    1. Keith G Langer
    2. Dane Johnson
    3. Geordie Duckler
    4. Gary Ralph Ilmanen
    4 lawyer answers

    Under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101, a privately owned business that serves the public such as a restaurant is prohibited from discriminating against individuals with disabilities. The ADA requires such businesses to allow people with disabilities to bring their service animals onto business premises in whatever areas customers are generally allowed. The ADA defines a service animal as a dog individually trained to provide assistance to an individual with a...

    1 lawyer agreed with this answer

  10. I purchased 2 puppies on 6/10/12 & they were admitted into a vet clinic for the parvo virus on 6/14/12! The vet bill is $4,000!!

    Answered over 2 years ago.

    1. Laura Mcfarland-Taylor
    2. Scott Richard Kaufman
    3. Geordie Duckler
    4. Ronald Lee Burdge
    4 lawyer answers

    Given that animals are property, and can be and very often are considered to be "products" which are conveyed from one person to another in the course of trade, then -- as a consumer of a product -- you now have a claim for the purchase of a defective product from a merchant, and the legal right to one of three mutually exclusive remedies: a) recovery of the "loss of the benefit of the bargain", that is, the difference between the value of what you got and the value of what a reasonable...

    1 lawyer agreed with this answer

503-546-8052