Deb D’Andrea, Nederland. While relatively a new legal specialty, Animal Law covers many aspects of the animal world including but not limited to issues pertaining to animal research, sports,
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Deb D’Andrea, Nederland. While relatively a new legal specialty, Animal Law covers many aspects of the animal world including but not limited to issues pertaining to animal research, sports, entertainment, wild animals, and companion animals. While any lawyer licensed to practice law can theoretically handle an animal case, one probably wants to hire a specialist for his or her particular knowledge.
For instance, Veterinary malpractice resulting in injury or death to your dog, including misdiagnosis, prescribing inappropriate medication, following the wrong course of treatment or abandoning treatment, is considered professional negligence. While laws pertaining to Veterinary malpractice are developing and evolving, some States will allow for mental anguish and sentimental value of losing a pet.
Other instances where you may find yourself researching animal lawyers are in tenant – landlord disputes where policies are not clearly stated and you find yourself in a situation where your beloved pet and you no longer have a home. There are also contractual disputes and consumer claims.
For example, if you purchased a purebred dog but it turns out not to be or has medical issues, there is legal recourse. I didn’t realize this, but in some States they actually have dog “Lemon” laws.
A situation I see most often is when two people separate and the beloved pet becomes stuck in the middle, loving both the people and family, and not understanding what’s going on. In these situations it is best if everyone can put their emotions aside and make a decision based on an ideal outcome for their dog.
When my ex-husband and I divorced, there was no question who would get Tiki and Bear as both pups were very attached to me; while Baci was attached to Craig and he got her. Also, keep in mind that some breeds, like Tiki, a Blue Heeler, typically attaches to one person for life. This is a characteristic of the breed and something to be considered when separating.
Custody and ownership issues also arise when a dog is left in temporary care of another, a dog becomes pregnant, or with the breach of a sales agreement. There is Estate planning where people want to care for their animals, creating a Trust for the animals where a trustee is in charge of managing the estate.
How does one find an Animal Lawyer? Your local shelter may be able to recommend someone; the local bar association can handle referrals; the American Bar Association (findlegalhelp.org) and Martindale-Hubbell’s website (lawyers.com) list lawyers by state and specialty. And of course, if you have lawyer friends, ask if they know of someone they can recommend.
Be safe, be smart.
Till next time. Deb D’Andrea, founder of 4TheLuvOfDogz, provides mobile Canine Massage, Canine Agility and Petz Nanny Services for dogs, cats, birds, fish, horses, and other critters. 4TheLuvOfDogz home-made dog treats are sold at local stores, and K9Birthday Cakes are available direct. Contact Deb at 720-675-7078 or info@4theluvofdogz.com for more information.