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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  • Dog Bite Liability – What Horse Owners and Stables Should Know September 17, 2017 Horse owners are often dog owners. While horse owners may concern themselves with liabilities associated with horse ownership, they may lose sight of liabilities associated with their dogs. Dog bites can cause serious injuries, and litigation can…
  • The Border Wall: Disastrous to Wildlife September 14, 2017 The United States is rich in biodiversity, but the wildlife and ecosystems we share with Mexico are continually endangered by climate change and human encroachment on wildlife habitats. In January, the federal government announced that it would…
  • Reconstructing a Multiple Car Crash in Phoenix September 14, 2017 The Phoenix Fire Department is investigating a crash involving multiple cars. One person was hospitalized in critical condition and three other people were treated for minor injuries. While the cause of the investigation is not known yet, it's clear…
  • Join us at the Animal Legal Defense Fund Student Convention! September 12, 2017 Law students: We are excited to invite you to Animal Legal Defense Fund's first ever Student Convention! The Convention will take place on the Friday leading up to the Animal Law Conference on October 13, 2017 in Portland, Oregon. At the Convention,…
  • House committee takes aim at endangered species September 12, 2017 In recent months, dozens of Republican lawmakers in the U.S. Congress, particularly in the U.S. House of Representatives, have been waging a hot war on wildlife. Last week the House voted to repeal restrictions on baiting of grizzly bears, killing of…