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Elizabeth Lorraine Elliott

Elizabeth Elliott’s Answers

848 total


  • Do you have a legal case if your dog was killed by another dog.

    It was in a dog park and a police report was filed. The information in the report differs from what was said to me by the deputy at the scene. I did have 2 witnesses. No citations were issued.

    Elizabeth’s Answer

    Possibly, it depends on the details of the incident.

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  • Can a City Judge declare a dog Vicious or does he have to be a Certified Animal Behavioral Analyst?

    In small northwest town in Tennessee bordering three states, a man went out of state and left his Golden Retriever/German Shepherd mix dog chained to a tree in his yard. Someone called police said dog Tried to bite him and killed his duck. Poli...

    Elizabeth’s Answer

    This is a jurisdiction specific question. I would need to review the code of the small town in TN to properly answer the question. I can answer the question in a general fashion. It sounds as though the appeal has already been heard on the dangerous dog designation. It may be possible to appeal to a higher court. Again, I would need to see the code. Generally, the main defense to a dangerous dog case is provocation. In this instance provocation sounds hard to prove. It sounds as though there isn't a witness to rebut the child's testimony.

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  • I entered an agreement to let my horse go, being promised pay. Pay didn't come, horse has been taken elsewhere.

    I'd sold a horse previously to MH and he made good on his word, seemed like a very nice 'family' man. Agreed to sell another horse with payment to come one week later. Pay didn't come, a variety of texts to prove time line and my request for him t...

    Elizabeth’s Answer

    That's a pretty lousy situation. You need to file a complaint and motion for replevin against the girlfriend and MH. You can claim damages for loss of use. It is possible that they will counter for boarding fees. I would do this a soon as possible. Start by contacting an animal or equine attorney in your area.

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  • If I Give (Adopt) My dog to friend, if something happens while in his care will i be liable??

    We have had a German Shepard for 7 years since she was a puppy, great dog never had any biting problems. Well last week the dog bit my 11/2 year old daughter so i don't want her around my kid anymore even though she really is a great dog just not ...

    Elizabeth’s Answer

    I have researched this issue previously. My conclusion was that as long as you disclosed to the new owner that there was a history of dog biting and did not keep any form of ownership interest in the dog you would be okay. There are no guarantees. A person could still sue. I would be sure to have a release of liability signed and change the microchip registration. I would be sure to have an attorney draft the release of liability.

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  • Can I sue a breeder in Oklahoma for the vet bills for selling me a puppy with parvo?

    I purchased a dog from a breeder in Oklahoma. After receiving the dog it became sick a day and a half later..I took it to the vet. It tested positive for parvo. The vet said due to the incubation period with parvo the breeder shipped a sick do...

    Elizabeth’s Answer

    It would be necessary to read the purchase and sale agreement to answer your question properly in regards to the puppy that you purchased from the breeder. Taken at face value, it sounds as though you have a claim against the breeder.

    In regards to your mother's puppy, it appears as though you have the evidence that you need (a letter from a veterinarian) to make a claim against the breeder in Oklahoma. This would probably be a general negligence claim.

    Most likely, you need to file your suit in Oklahoma unless the breeder actually shipped the dog to you. In that case, you may be able to claim that she is conducting business in California.

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  • Bought dog still making payments had dog less than 3 months did autopsy no cause of death found

    Petland still wants payment do I still need pay for dog?

    Elizabeth’s Answer

    There isn't a clear answer without knowing what you signed when you purchased the dog. If they are somehow at fault, it is possible that you do not need to continue paying them. If they are not at fault, then, most likely, you are still responsible for the payments. Again, there really isn't a way to answer without reviewing the purchase and sale agreement.

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  • Do I have a case against the person watching my dogs.

    I asked a friend to watch my dogs for a weekend while we went out of town. She had done so many times before. I received a text Saturday morning stating that one of the dogs had eaten her prescription ibuprofen, she didn't know when it happened or...

    Elizabeth’s Answer

    Yes, I am surprised that she is taking no responsibility. You have a suit for breach of bailment contract. You could sue in small claims court. The real question is whether it is worth losing your friend over this.

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  • My daughter was scratched by an aggressive dog, what can we do to get it put down? She is his fourth victim, the others were bit

    We live in a sort of split level home with my in laws, our 22 month old goes upstairs often. They have an aggressive chihuahua/Jack russel that has bitten 3 people that required stitches, fortunately her experience wasn't as traumatic but is just ...

    Elizabeth’s Answer

    Shut your door and keep your child downstairs. Suing your inlaws for their dog scratching your child is a path you do not want to take.

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  • A dog was left in our care for two weeks, after 3 months we got rid of the dog. Now the owner wants to sue me for theft of prope

    are we at fualt, even though we asked several times and even told her where the dog was

    Elizabeth’s Answer

    You probably are ok. I note that you say that the owner "wants to sue" and isn't suing. Suing is a big step and may not even happen. Your defense would be that the owner abandoned their dog. Whether this defense would work would depend on the details of the situation. For example, if the owner had no contact with you during the 3 months and gave you no notice that it would in fact be 3 months, the abandonment defense would probably be satisfied.

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  • My dog was picked up from the dog catcher

    And she has a chip and I did not know so i dont know the name on the chip someone broke into the house were I left my dog and let her out she bit another dog down the street they don't want to give her to me cause I'm not the name on the chip and ...

    Elizabeth’s Answer

    I'm sorry you are in such a predicament. Do you have any other proof of ownership such as licensing records or veterinary records that you could show them? If not, I would contact an animal lawyer in your jurisdiction to file for a restraining order to prevent them from euthanizing your dog. Then I would file a motion and complaint for replevin (return of personal property).

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