I am always on a lookout for important information on our furry babies. Today I have a legal expert Jian Zaid giving some insightful legal information on how to negotiate the many legal issues that a good dog owner should keep in mind.
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There are plenty of issues that are at the forefront of the conscientious dog owner’s minds – food, health, and behavior are just a few.
But not many dog owners think about the various legal issues that owning a dog involves.
In most cases you’ll never end up in any sticky legal situations that regard your furry friend. But the more informed and prepared you are, the more likely you’ll be to avoid them and the better you’ll be prepared in case something does happen that involves the law.
Injury Liability
Given the close relationship you and your family members have with your dog, it can be hard to imagine him hurting someone. But the fact is that millions of people are bitten by dogs every year, and some of these bites result in serious injury.
First, you should know that dog bite laws vary somewhat from state to state, the main difference being “One Bite” vs. “Strict Liability.” Here’s a chart that shows the rule for each state. Some states impose Strict Liability, which means the owner will almost always be considered liable for injury – the exceptions being if your dog bites someone trespassing on your property, a veterinarian or someone who’s taunting the dog.
Other states have a so-called “One Bite” law, which essentially means that your pup gets one get-out-of-jail-free card before you’re at risk for liability. But this does not hold true if what led to the incident was your negligent behavior, such as breaking leash laws or leaving your backyard gate open. The law also doesn’t apply if it can be proven that you knew beforehand that your dog had a propensity for biting or aggressive behavior.
It’s very common to hear the owners of dogs who’ve bitten someone say, “But, he’s never done that before,” so even if you think your dog would never be capable of biting, it’s critical that you are extremely vigilant when your dog is around new people, especially children or large crowds. Watch for physical warning signs of aggression like a raised tail, curled lips or wrinkled nose and act quickly if you see them.
Insurance
There are several types of insurance that can be helpful in a variety of situations dog owners might find themselves in. Animal health insurance has become increasingly common and can help save you thousands of dollars if your dog ends up requiring expensive medical care, which is likely to occur at some point in their lifetime.
Liability insurance is also worth considering as it can protect you in the case that your dog causes physical or property damage to someone else. This is often included in homeowner’s or renter’s insurance, but you should definitely speak to your provider to confirm that your policy covers your pet. If it doesn’t, consider adding an umbrella policy or even a special canine liability policy, which some companies offer.
Traveling
If Fido is your best friend, you probably want to bring him everywhere you go. While traveling with your dog isn’t inherently dangerous, it can be risky if you don’t take proper precautions. Some states are starting to adopt laws specifically relating to driving with a pet in the car, but regardless of the law, you should be proactive about preventing any possible safety issues.
If you happen to have a flat-bed truck, it’s never wise to drive with your dog in the open back of the truck. If you have to swerve or stop suddenly, he could get thrown out of the car, which would be dangerous for him and other drivers. And if you’re traveling in a regular car, it’s smart to err on the side of caution and secure your dog with a harness, crate or behind a net that will prevent them from distracting you while you drive. After all, if your dog’s behavior causes you to get into an accident, you’ll be liable for any damages that result.
Leash Laws
At this point, there are few state-wide leash laws, but almost every municipality has them. That said, you should look into the specific laws for your city and state. In Texas, for example, each county is responsible for setting its own leash laws. In most places, however, dog owners are always required to have their dog on a leash in a public area, unless it’s denoted as an off-the-leash area, such as a dog park.
If you violate these laws, you could be fined or even have your dog impounded. No matter what the law says, it’s smart to have your dog on a leash in any area outside your home as you never know what might happen that could cause your dog to run off or become aggressive with another person.
Veterinary Malpractice
Just as you have the right to take legal action against a doctor who acted negligently, you have legal rights when it comes to the actions of your vet. If your dog sustains an injury or dies and you believe it was due to your veterinarian’s negligence, the first thing you should do is seek a second opinion. Have all medical records transferred to another veterinarian to confirm your suspicions.
You should also contact your state’s veterinary licensing board, which has the responsibility of investigating suspected wrongdoing and revoking practice licenses. You can also get in touch with your county’s veterinary medical association to initiate an investigation into what happened.
Unfortunately, even if the vet is found to be guilty, you may not receive a significant settlement as many courts consider a pet merely personal property that can be replaced for a relatively small cost. Some, however, now recognize the emotional value of a pet companion. Regardless, you may want to pursue legal action if only to prevent the veterinarian from harming other animals in the future.
Your four-legged friend is truly your friend who means the world to you. Because of that, it’s important that you protect both him and yourself from any possible pet-related legal issues that could threaten your wellbeing. And if you do find yourself in a situation where the law comes to bear, it’s a good idea to consult an attorney in your area who specializes in cases related to pets.
The good news is that if you act responsibly and arm yourself with the proper knowledge of the laws and your rights, you can avoid these problems altogether.
About the Author: John Zaid is a Houston personal injury attorney and the founder of Zaid Law. In addition to advocating for his clients, John is passionate about sharing his expertise to help people avoid the kinds of injuries and incidents that result in legal action. For more info, visit http://wwww.zaidLaw.com.
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