The American Bar Association Legal Guide for Dog Owners

by Eisenstein, Yolanda

• ISBN13: 9781627229159
• ISBN10: 1627229159
• Format: Paperback
• Copyright: 2015-06-07
• Publisher: Natl Book Network

Summary

Written by an animal protection lawyer, this book delves into how the law treats dogs, not only within the context of their role as companions but in everything from pet trusts to dog fighting. Readers can access accurate and invaluable information on how the law treats dogs and gain knowledge of their rights and protections as a dog owner.

From a city’s leash law to a federal ban on products that contain dog fur, the laws are expansive and are found at every level of government. The book is divided into sections in order to make it easy to find specific topics for people to deal and familiarize themselves with any legal issue pertaining to their dog.

Topics include:

• Dogs as property (pet custody, strays, etc.)
• Your rights when buying a dog from a breeder or getting one from a shelter
• Your rights pertaining to your house and your dog (condominium, house, apartment, neighbors, etc.)
• Negligence from groomers, boarders, veterinarians, and others
• How to handle a dog bite, dog deemed "dangerous," or animal cruelty
• And much more.

Author Biography

Yolanda Eisenstein is an animal lawyer in Dallas, Texas. She is an adjunct professor of animal law at SMU Dedman School of Law and an American Bar Foundation Fellow. She has served as chair of the American Bar Association Tort, Trial and Insurance Practice Section Animal Law Committee and chair of the Texas State Bar Animal Law Section. Eisenstein is the author of the book Careers in Animal Law and a contributor to Animal Cruelty: A Multidisciplinary Approach to Understanding. She has authored numerous articles and speaks regularly on animal law and animal protection issues.

Table of Contents

Contents

About the Author………………………………………………………………………………...6

Acknowledgements………………………………………………………………………………7

Introduction………………………………………………………………………………………8

1. About the Book
2. Terminology
3. Special Features

Section I
Dogs as Property………………………………………………………………………………11

1. What is Property?
2. A Brief History
3. Should Dogs be Property?

Section II
The Dog Laws…………………………………………………………………………………...18

1. Statutory (Written) Law

1. Rules and Regulations

1. The Common Law
2. Civil and Criminal Law
3. The Supreme Law of the Land

1. First Amendment

1. Chilling Free Speech

1. Fourth Amendment
2. Fourteenth Amendment
3. Other Constitutional Claims

1. Federal Law

1. The Animal Welfare Act

1. Dogs in Scientific Research
2. The Internet and Pet Stores
3. Dog Fighting

1. Animal Crush Video Law
2. The Fur Products Labeling Act
3. Americans with Disabilities Act and Service Dogs

1. State Laws
2. Local Ordinances

Section III
The Legal Basics of Dog Ownership…………………………………………………………..46

1. A New Dog

1. Rescue Groups and Shelters
2. The Hobby Breeder
3. The Pet Shop
4. Internet Sales
5. Where You Live

1. Rentals
2. Condominiums and Gated Communities
3. State and Federally Assisted Housing

1. Health and Safety of Your Dog

1. Licensing and Registration
2. Vaccinations
3. Spay/Neuter
4. Adequate Care
5. Pet Insurance

1. Public Health and Safety

1. Dogs Running Loose
2. Number of Animals
3. Nuisance

1. Taking Your Dog with You

1. To the Park
2. Airplanes and Trains
3. In Restaurants
4. At Work
5. Pet Friendly Hotels

Section IV
When Problems Arise…………………………………………………………………………..76

1. My New Dog has Problems

1. Shelters and Rescue Groups
2. Retail Sales/Breeders/Internet

1. Ownership Disputes

1. Family Law Custody Disputes
2. The Rescue Group Wants the Dog Back
3. The Municipal Shelter Has Your Dog
4. Finders Keepers

1. Wrongful Death/Injury

1. Veterinary Malpractice
2. Groomers, Boarding Facilities, Dog Walkers, and Trainers

1. Negligence
2. Bailment
3. Contract
4. Consumer Protection/Breach of Warranty

1. Angry Neighbors
2. Product Manufacturers
3. Police Shootings

1. Dangerous Dogs

1. The Law
2. Dog Bites
3. Prevention
4. If Your Dog Bites
5. The Process

Section V
Animal Cruelty and the Law…………………………………………………………………119

1. Animal Abuse and Human Violence
2. The Law

1. Punishment
2. Mens Rea (Culpability)
3. The Physical Act
4. Negligent Cruelty
5. Felony Cruelty

1. The Many Faces of Animal Cruelty

1. Hoarding
2. Overextended Rescue Groups
3. Puppy Mills

1. Reporting/Investigations/Prosecutions
2. Process

Section VI
When Your Dog is Left Without You………………………………………………………..139

1. Wills

1. The Gift of Your Dog

1. Alternatives to a Will
2. Pet Trusts
3. Emergencies and Disasters

Conclusion……………………………………………………………………………………..154

Appendix………………………………………………………………………………………155