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Question:
I am a recent graduate of Hofstra School of Law (taking the NY Bar next week). I was wondering if you had any suggestions on how to get into the field of Animal Law?
Answer:
I suggest you go to www.ALDF.org, the web site for the Animal Legal Defense Fund. Click “Resources” and then “Animal Law Events and Opportunities” for current employment opportunities. Also click “Law Professionals & Law Student Resources” which includes a subheading on “How Legal Professionals Can Get Involved in Animal Law.” There is very helpful information there, including joining an animal law section of a local or state bar association. By getting involved with these committees, you will learn more about animal law and network with other attorneys interested in this field. This is also a good way of finding out about opportunities in animal law. I suggest you also contact humane organizations directly to see if there are positions available for attorneys. Good luck!
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Question:
I have a two part question. I helped to start an animal control program on a reservation in Wisconsin. The county animal control officer also helped, which we thought was great because she has been doing the job for twenty years. She informed the committee that it is legal in Wisconsin to kill your own pet, regardless of the reason. Meaning, the animal does not have to be suffering. I have asked her repeatedly to provide me with the statute showing where this is legal and she blows me off. The second thing she told me was that it is legal to kill feral cats in Wisconsin. Again, no information provided. Both of these things I consider an outrage, but I honestly want to know, is she right? And if not, where can I find the information to show HER that it is NOT legal? I have read Statute 174.01(2) which applies specifically to dogs. Is that statute basically saying that an owner can just decide to kill their dog? I'm just disgusted all around with Wisconsin's weak animal welfare laws. But I also had someone recently argue with me that it is legal to kill cats in Wisconsin and that he has done so many times. This is what led me to talk to the animal control officer for the county and she told me that it's legal to kill feral cats. Any information you can provide would be wonderful. Thank you!
Answer:
Section 951.02 of the Wisconsin Statutes states that “No person may treat any animal, whether belonging to the person or another, in a cruel manner. The only exception indicated in this law is for “bona fide experiments carried on for scientific research or normal and accepted veterinary practices.” “Cruel" is defined in section 951.01 as “causing unnecessary and excessive pain or suffering or unjustifiable injury or death.” Section 174.01, which restricts killing of dogs, states that it does not apply “to a person killing his or her own dog in a proper and humane manner.” I do not know how Wisconsin courts have interpreted these two sections of law together but it is clear that section 951.02 prohibits causing unjustifiable death to an animal, even by owners.
A few years ago voters in Wisconsin approved a referendum supporting hunting of feral cats but, thankfully, that proposal was never enacted. Cats are protected under section 951.02. I think that most judges would determine that shooting cats violates section 951.02. I suggest, however, that you contact your local humane officers, humane societies, and animal protection attorneys in your state to get further information.
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Question:
What recourse do I have with my pet insurance? My dogs are now one. I bought pet insurance in Jan. 2010 with additional coverage for hip dyplasia. One of my dogs was diagnosed in April of 2010 with hip dyplasia. I had surgery done on her and the insurance won't pay.
Answer:
It is unclear from your e-mail why the insurance company will not pay. You need to carefully review your policy to make sure it includes surgery and to see if there is a pre-certification provision requiring approval prior to surgery. Also check to see if your agreement says anything about procedures for resolving conflicts, such as arbitration. Your recourse may be to sue the insurance company for the money you believe is due to you. I believe in California an individual can sue for up to $7500 in Small Claims Court. Of course, consulting an attorney in your state who can review your contract would be advisable.
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