Elizabeth Lorraine Elliott’s Answers

Elizabeth Lorraine Elliott

Normandy Park Animal Law Attorney.

Contributor Level 14
  1. Can I sue Fed EX or Amazon for killing my dog on my private property. Amazon used Fed Ex for delivery & the driver was reckless

    Answered 14 days ago.

    1. Elizabeth Lorraine Elliott
    2. Jacob Brian Smith
    2 lawyer answers

    Yes, you can sue for negligence. There are very specific legal arguments to make in your case. Case law in Washington usually prevents recovery for emotional distress damages due to the loss or injury to a pet. Although you cannot get emotional distress damages, you can recover the intrinsic value of your dog. In many states you would be limited to the fair market value, but WA allows the intrinsic value. Intrinsic value is somewhat difficult concept to explain in this forum. I do these types...

    7 lawyers agreed with this answer

  2. My dogs got bitten by a bigger dog, can I sue them in small claims court and for how much.

    Answered over 1 year ago.

    1. Armen Michael Tashjian
    2. Kevin Samuel Sullivan
    3. Christian K. Lassen II
    4. Elizabeth Lorraine Elliott
    5. Paul J Molinaro
    6. ···
    6 lawyer answers

    Yes, you can sue. I would do more than going to small claims court. I would consult a personal injury attorney in your area. I would also report the people to animal control. If you don't someone is going to get seriously hurt.

    7 lawyers agreed with this answer

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  3. Can I shot a dog with my air soft pelletgun if it keeps coming into my yard

    Answered over 1 year ago.

    1. Elizabeth Lorraine Elliott
    2. Dave Hawkins
    3. Laura Mcfarland-Taylor
    3 lawyer answers

    Contact Pierce County Animal Control. This behavior satisfies the definition of a "dangerous dog" in Washington. Keep reporting the incidents until animal control does something about it. You could also put up a fence. I'd be careful about shooting it with a pellet gun. You could end up with an animal cruelty complaint.

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  4. Can I successfully appeal a dangerous dog ruling using provocation, when a neighbor approached leashed dog w/o permission?

    Answered 2 months ago.

    1. Elizabeth Lorraine Elliott
    2. Thuong-Tri Nguyen
    3. Richard Bruce Rosenthal
    4. Christopher B Wencker
    4 lawyer answers

    These are tough cases. There are several types of proceedings that can arise from these types of incidents and the outcomes can vary. If you are defending an administrative decision that has deemed your dog potentially dangerous, it could come down to the person that is overseeing your appeal. If that person abides by a strict interpretation of the code, you are out of luck. The provocation defense will not work. If that person is willing to negotiate, then it is possible that this defense can...

    5 lawyers agreed with this answer

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  5. Do you have to have a business license to run a horse stable?

    Answered over 1 year ago.

    1. Matthew Erik Johnson
    2. Thomas Martin Morningstar
    3. Elizabeth Lorraine Elliott
    4. Laura Mcfarland-Taylor
    4 lawyer answers

    You should have a business license, insurance, and possibly create a business entity. The Washington State Bar Association Animal Law Section is having an all day seminar on equine law on January 29, 2013. It will cover topics of interest to you including insurance issues relevant to stable owners and trainers. We have a special rate for nonattorneys. For more information go the the Washington State Bar website and click on January 29, 2013 or give the bar a call.

    5 lawyers agreed with this answer

  6. What to do now? A neighbor's dog was in the middle of the road this evening. I crashed my vehicle to avoid running it over.

    Answered over 1 year ago.

    1. Crystal Grace Rutherford
    2. Elizabeth Lorraine Elliott
    3. Kevin Coluccio
    4. Christian K. Lassen II
    5. Laura Mcfarland-Taylor
    5 lawyer answers

    I agree with my fellow attorneys. There is case law in Washington that holds a dog owner liable under similar circumstances.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can a HUD housing complex force a resident to have their Section 504 approved "assistive" cat de-clawed?

    Answered 8 days ago.

    1. Elizabeth Lorraine Elliott
    2. William Joseph Bieke Jr.
    3. Dani K. Liblang
    3 lawyer answers

    I agree that the procedure is barbaric. In some states it has be outlawed. There are no cases directly on point dealing with the issue that you have raised. To assist you properly, I would need to sit down and discuss your disability with you in depth. I wonder if there is some connection between your disability and your desire to avoid having your cat declawed. I recommend that you contact an animal attorney, or discrimination attorney in your area for a consultation. You could also take a...

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  8. Received a dog running at large citation (misdeamenor) for dog being with me at my apartment complex.

    Answered about 1 month ago.

    1. Elizabeth Lorraine Elliott
    2. Richard Bruce Rosenthal
    2 lawyer answers

    Is the parking lot private property? If so, than the running at large provision probably doesn't apply. I would need to look at the police report and any statements to see what exactly was the basis for the charge. You should hire an attorney to assist you. If you can't afford an attorney, then a public defender will be appointed to you.

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  9. My ex is trying to say I can't see our dog anymore, claiming he is sole owner. Is there anything I can do? Beside myself.

    Answered 11 months ago.

    1. Elizabeth Lorraine Elliott
    2. Golnar Sargeant
    3. Michelle L. Radloff
    3 lawyer answers

    If you hardly have the funds for a legal battle, then at least have a lawyer review any agreement that he wants you to sign. You don't say whether your ex is an ex boyfriend or ex-husband which definitely makes a difference. Don't go to small claims! They can only award monetary damages.

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  10. I was at a community college and a campus police officer asked me to prove that my dog was a service animal.

    Answered 13 days ago.

    1. Elizabeth Lorraine Elliott
    2. Gary Ralph Ilmanen
    3. Peter N Munsing
    3 lawyer answers

    Under the ADA regulations, a place of public accommodation can ask 2 questions: Is this a service dog? and What tasks has your dog been trained to perform? Only when it is obvious what services the dog performs, is a place of public accommodation prohibited from asking the second question. You do not have a case based upon the security officer asking you if your dog is a service dog. Under the ADA, you are not required to present any certification, registration, or other paperwork showing that...

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