Elizabeth Lorraine Elliott's Answers

My neighbor's chihuahua came through my fence and was attacked by my three dogs. Am I liable?

I hate to say it, but it depends on the laws in your state. You are likely looking at a several different procedures. The first is whether you are civilly liable for the death of the dog to your neighbors. If the Chihuahua entered of its own accord and was not pulled onto your property by one of your dogs, you probably have a trespass defense and could attempt to argue provocation. (At least, that would be the case in WA). It depends on the definition of provocation in your jurisdiction....

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What can I do to get my stolen dog back?

It sounds to me as though you need to consult an attorney in IN who is familiar with the criminal or animal laws in your state. I practice animal law in Washington State. In Washington, it is a gross misdemeanor to steal someone's pet. Even so, the police will often be hesitant to get involved and will refer people to the civil courts. Sometimes the police (or sheriff's department) need to be informed of the criminal law and then will take action against the person holding the pet. If the...

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Can animal control enter my home at will

It also depends on a variety of things including where you live and why animal control wants to enter your home. In some jurisdictions a warrant is required. In some jurisdictions it is not. If they are in hot pursuit of a dangerous animal they can sometimes enter without a warrant. You need to look at your local code.

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Is it illegal to own a pitbull in Buckley, WA

Last I looked, "yes." See Buckly Municipal Code Sections 9.10.010(7)(c) and 9.10.260.

Can I sue someone who found my dog and gave it away to someone?

The answer to your basic question "Can I sue someone who found my dog and gave it away to someone," is a tentative "yes." I would contact an attorney knowledgeable about the laws in your area. If you were here in Washington, I would file a lawsuit and a motion for return of personal property. Your are under some pretty tough time constraints. I also agree with my college that something sounds fishy about this. I wonder if this person truly ever had your dog. There are other ways to prove...

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Who has the rights over the dog

I don't practice in Alabama, but I would say that the best thing is to document everything that you have done that shows you own the dog. This means license in your name. Veterinary records in your name. Microchip in your name. Also keep any receipts showing anything that you have paid for the dog. She is going to have to file a claim in Alabama to try to regain possession and/or ownership of the dog. That is unlikely, from the sounds of it. If she does file, I would recommend hiring an attorney.

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If my dog attacks a home intruder, am I liable for damages?

The short answer is "no," unless there is some dispute over whether this person was actually breaking into your home. Lorrie Elliott Man is the only creature that inflicts pain for sport, knowing it to be pain. (Mark Twain) *Animal Law Practice of Elizabeth L. Elliott 17837 First Ave. South #174 Normandy Park, WA 98148 Phone: (206) 276-2192 Fax: (206) 824-1162 *Past Chair, WSBA, Animal Law Section (2009-2010) *JD, LLM, UW School of Law *http://www.seattleanimallawyer.com/

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Do I need a Lawyer

I would consult a lawyer and see if you can overcome the liability waiver. I agree that it will be difficult to prove damages. If the dog cost $4k and you paid $3,500 that may be all that you will be able to get. Still, I would see if you can seek damages for depreciation in value of the dog. This is not to be construed as legal advice as I do not have an attorney client relationship with you.

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I left my dog in front of my garage by the alley. My neigbor saw him took him then he's dog killed my dog. Do I have rights.

I am very sorry for your loss. I agree with my colleagues. You have rights. Report this to the police and animal control as soon as possible. This needs to be investigated more thoroughly. You may end up needing to hire a private investigator if the investigation done by the police and animal control is incomplete. Find a lawyer in your area. An animal lawyer would be best, but an individual who does civil litigation ought to be able to help you. You also need to get a necropsy done of...

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Am i responsible for the vet bill?

You are dealing with jurisdiction specific questions. There are several legal issues in the scenario that you have given. Most likely, you are liable for the veterinary bills and the cost of a replacement dog, but this is a tricky question. You also need to be concerned about being reported to animal control and the possibility of criminal charges for the attack. You do not give enough facts regarding the shooting of your dog to know whether or not you have a case against your neighbor....

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