Question
I gave my daughter my dog a couple years ago. They have always been around each other and she lives alone and is always out and about in a not so good part of town, often by herself. My dog is a sort of intimidating dog from his size alone. He's a yellow Lab/white Shepard mix. I felt he would be a good detterant protection for her.
A couple years went by and no problems. She was good to him. Took him to vet appointments regularly, kept him fed and watered and in general good living conditions.
She allowed me to take him in May of this year, out for a few hours without her. He went from 80 pounds to under 40 when I saw him recently. Is this grounds for me to take him back? He was also matted from sleeping on urine soaked bedding. What can I do?
Answer
People who gift an animal generally have no further rights to that animal unless there was an agreement providing otherwise.
I am very sorry to hear about this dog. This dog should immediately be examined and treated by a veterinarian.
Worth noting is that several states, including Oregon, have laws which allow or mandate veterinarians to report the mistreatment of animals to law enforcement officers. Oregon’s law provides that licensed veterinarians and veterinary technicians may report to law enforcement agencies any animal he/she believes to have been abandoned, neglected or abused.
Oregon’s law also states, in part:
(1) A veterinarian who has reasonable cause to believe that an animal with which the veterinarian has come in contact has suffered aggravated animal abuse, or that any person with whom the veterinarian has come in contact has committed aggravated animal abuse, shall immediately report the suspected aggravated animal abuse in the manner prescribed in subsection (2) of this section. (2) A report of suspected aggravated animal abuse required under subsection (1) of this section shall be made to a law enforcement agency, either orally or in writing…
Aggravated animal abuse is defined to include torturing an animal or causing serious physical injury or death to an animal, or creating a visual recording of these acts.
People who suspect that an animal is being neglected or abused should contact the Oregon Humane Society, the police, sheriff, animal control, and any other entity in their area that is responsible for enforcing animal cruelty/neglect laws.
I hope that you and your daughter can more amicably resolve this situation so this dog gets the care that he needs.
PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.
Send Your Pet Legal Question Now!
Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.