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 Rights and Slavery/Rape Analogies July 26, 2016 Ever since the early 1990s, I have been arguing that the regulation of animal exploitation is not only immoral (if it is morally wrong to exploit animals, it is wrong to promote the supposedly "humane" exploitation of animals), but is, as a practical…
  • Speeding is Out of Control in Arizona July 25, 2016 The phrase "speed kills" gets thrown around a lot, but does it actually sink in? In Arizona, it appears that speeding seems to be out of control, with people driving at least 20-30 mph over posted speed limits. Despite the fact that there have been…
  • Diseases in stray dogs imported from Puerto Rico July 23, 2016 Animal rescue organizations and animal shelters have replaced pet stores as the primary source of dogs throughout the United States. Unfathomably, concerns about the health of dogs imported from other states and countries are rarely discussed.…
  • SALDF Fostering Growth for Next Generation of Animal Advocates July 21, 2016 With 190 chapters established in the U.S. and 22 internationally, ALDF's Student Animal Legal Defense Fund (SALDF) chapter program has taken law schools by storm. Through SALDF, we provide grants and guidance, career advice and educational materials,…
  • D.C. Circuit Holds Informational Standing Nonexistent Prior to 12-Month Finding July 19, 2016 In a recent decision, the U.S. Court of Appeals for the District of Columbia affirmed the dismissal of an environmental organization's Endangered Species Act (ESA) claim, concluding that the organization lacked standing because the informational…