Animal & Dog Law

Animal law is the body of law surrounding pet ownership, wildlife, animals used in the entertainment industry and animals raised for food and research. Animal law is a combination of various areas of law, such as tort, criminal, contract and constitutional law. Important issues in animal law include animal cruelty, companion animal concerns, animal breeding and animal estate planning.

Animal Cruelty

Animal protection laws, known as anti-cruelty laws, regulate the abuse of animals. The Animal Welfare Act authorizes the U.S. Department of Agriculture to regulate the use of animals in research settings, circuses and zoos. Additionally, every state criminalizes the commission of inhumane acts against animals. In many states, violation of these laws is treated as a felony. Animal cruelty laws address a wide variety of issues, including owner neglect, pet mills or "farms" and animal laboratory testing. The Humane Society of the United States works to shield animals from mistreatment by actively investigating potential abusers. Another prominent animal rights organization is the Animal Legal Defense Fund (ALDF), which seeks to protect abused animals through the legal system. The ALDF brings a number of lawsuits each year in an effort to eliminate animal cruelty.

Companion Animals

Companion animals are all animals kept as pets or for recreational purposes. Companion animals include dogs, cats, horses and birds. Legal issues surrounding companion animals often involve owner liability for injuries, property damage or excessive noise. Most states have enacted statutes that hold a pet owner liable for all personal injuries and property damage inflicted by their animals. Some states limit liability to instances where the owner knew or had reason to know that their pet was dangerous or volatile. In cases of extreme negligence, or when injuries are especially severe, the state may impose criminal penalties on the animal's owner or caretaker. Pet owners may be able to defend claims against them if they can prove that the victim provoked the pet, the victim was trespassing or breaking the law, or that the victim knowingly undertook the risk of injury. Many states have enacted laws that provide remedies to those who complain of excessive noise from neighboring animals, specifically dogs. In states that do not address this issue directly, general nuisance laws may be used to obtain relief. Other legal issues involving companion animals include landlord-tenant disputes and "no pets" policies, vaccination requirements and wrongful death actions brought by owners for the loss of a pet.

Animal Breeding

The Animal Welfare Act, as well as individual state laws, regulate animal breeding. Such laws may restrict the breeding of particular types of animals, or ban the ownership of certain animals altogether. These animals are typically considered "vicious" creatures that pose serious risks to the community. By limiting the number of animals that may be bred, breeding laws also seek to reduce the number of homeless and neglected pets.

Animal Estate Planning

A relatively modern issue in Animal Law is animal estate planning. Pet owners are increasingly seeking legal guidance to establish trusts for their animals. Pet trusts provide for the care of an animal in the event of the owner's disability or death. In a traditional pet trust, the beneficiary of the trust is given detailed instructions for the proper care of the pet and may access the trust to pay for the pet's expenses. Traditional pet trusts give pet owners assurance that their animals will be cared for according to their specific wishes.

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  • Animal Law Fellowship! February 24, 2017 David Cassuto From the email… Do yourself a favor: apply for this. Farmed Animal Law & Policy Fellowship 2017-2018 Harvard Law School's Animal Law & Policy Program is inviting applications for Fellowships in Farmed Animal Law &…
  • Case Inspiring Change in Florida Dog Bite Law Featured in The Florida Bar Journal February 24, 2017 In a victory for due process in dog bite cases, a Florida law passed last year allows guardians of dogs accused of causing serious injury to a person to mount a defense on behalf of the animal to save that animal's life. An article published in the…
  • Ninth Circuit Rules Injury from Future Water Rights Restrictions Too Speculative for Article III Standing February 23, 2017 On February 21, 2017, the U.S. Court of Appeals for the Ninth Circuit held that the San Luis & Delta-Mendota Water Authority and Westlands Water District (collectively, "Water Contractors") lacked Article III standing to pursue an Endangered…
  • The Crowland Chicks and Our Conventional Wisdom About Animals February 22, 2017 The BBC reported that someone dumped about 1800 chicks in a field in Crowland, near Peterborough, in the United Kingdom. The chicks were killed because they were found close to an avian flu exclusion zone. The RSPCA, which is investigating, believes…
  • Right to Hunt Amendment Introduced in Iowa Again February 21, 2017 For the second year, a bill was introduced that would add an amendment to the Iowa Constitution declaring that Iowans have a right to hunt, fish, trap, and harvest wildlife. The amendment's supporters cite the need for the amendment stemming from…