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Question:
Hi, I would very much appreciate some insight into the following situation: My sister and I were on our way back from a funeral this weekend when she received a call from a random woman saying she had found my sister's dog on the street in distress. Basically what happened is the employee from the kennel who was walking the dog dropped his leash, the dog ran off. The kennel found him only after the stranger did and by that time he was severely dehydrated (a chow chow). My sister told them over the phone to take him to the hospital but he unfortunately died of heat stroke. The owner paid for the vet hospital bills but my sister is devastated. I went by the kennel today and spoke on the phone to the owner and we are supposed to meet tomorrow. I told her that our family wishes to get my sister another dog, and wanted to know if she would pay for the new puppy. She didn't answer my question, but did say she would meet with me. I am wondering if you could tell me anything regarding this situation, especially since the walker admitted to dropping the leash. Additionally, I was searching the kennel online and found a review by a person who lives close by I suppose, and who said she stopped taking her dogs there after she witnessed walkers dropping leashes frequently and that it scared her to such an extent she has never gone back. I don't want to sue or seek anything other than the cost of a new puppy. I would appreciate hearing any advice you could offer. Thank you.
Answer:
The bailee (in this instance, the kennel) had an obligation of at least reasonable care. Based on your e-mail, it would appear that the kennel was negligent in the care of your sister’s dog and that she should get compensated at least to the extent necessary to purchase another dog of equal value. If the kennel refuses, your sister might want to consider suing. In these situations, some people would sue in Small Claims Court where the cost to bring the lawsuit is nominal and representation by an attorney is not essential. In a New York case where the value of an eight year old mixed-breed dog who died at a kennel could not be readily determined, the court stated, “Resisting the temptation to romanticize the virtues of a ‘human’s best friend,’ it would be wrong not to acknowledge the companionship and protection that Ms. Brousseau lost with the death of her canine companion of eight years. The difficulty of pecuniarily measuring this loss does not absolve defendant of his obligation to compensate plaintiff for that loss, at least to the meager extent that money can make her whole…” While loss of companionship is not usually awarded in cases where animals are injured or killed, this case demonstrates that at least some courts will consider it, particularly when it is difficult to ascertain the market value of the animal. In a situation with a purebred dog, determining fair market value would be easier, although that valuation alone does not consider the grievous loss to the dog’s guardian.
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Question:
I reside in Nassau County, Long Island (New York) and there seems to be a very territorial attitude and almost attitude to dogs in particular. Ever since I relocated here from out of state I have noticed that many people here view the area from the edge of the sidewalk to the street as part of their property and despise if not harass those of us who walk our dogs accordingly despite picking up afterward. They just think that we should walk in the street and no feces or urine should be allowed to touch 'their lawns'. Local town/village municipal codes clearly state that all that is required of a dog owner is that we" leash, curb & "scoop the poop". What can one do legally if if they encounter this type of belligerance. I will not have my rights trampled on or be bullied!!
Answer:
There is no law against belligerence. You can try to explain your rights under the law and provide a copy of the law (assuming that you are conforming to the law). The towns have canine waste provisions in their codes and many villages also have such laws. However, it seems to me the most prudent thing to do would be to avoid an altercation which could endanger you and your dog and not have your dog urinate or defecate in front of those houses whose occupants you know object, even if you feel they are being unreasonable.
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Question:
Hi, I was sent an email from a pet rescuer saying that pets traveling through Massachusetts must have valid Health Certificate from a Massachusetts veterinarian and that other states throughout New England are considering doing the same. Do you know anything about this? Where can I find more info about this online? Thanks for any help! So if a dog coming from Louisiana with a Louisiana veterinarian issued Travel Health Certificate needs to pass through Massachusetts then one needs to stop at a Massachusetts veterinarian for another Travel Health Certificate for issued from a Massachusetts veterinarian? I am confused.
Answer:
Massachusetts requires health certificates for dogs and cats traveling to Massachusetts. If the animal is traveling through Massachusetts but not actually stopping in Massachusetts, most likely the law in the state the animal is going to would apply. Each state has its own requirements. For Massachusetts, I suggest contacting the State Veterinarian Office in the Division of Animal Health at 617-626-1795 for further information. A good website to start with is www.aphis.usda.gov. Click on animal welfare on the left and travel with your pet on the right.
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