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Question:
I purchased a dog thinking it was a Yorkie and as the dog gets older she's doesn’t appear to be a Yorkie. Can I take action against the pet shop that sold the dog to me?
Answer:
If the pet store represented to you that the dog was a Yorkie and the dog is not a Yorkie, a court might award you the difference in value between a Yorkie and whatever kind of dog you ended up with. Of course, to be successful in court you will need some evidence that the pet store made this representation, not simply that you purchased a dog thinking he/she was a Yorkie. Also, New York’s pet sale law requires pet dealers who represent that an animal is registered or capable of registration with an animal pedigree registry organization to provide the purchaser with appropriate documents necessary for such registration. If the pet dealer fails to provide these documents within 120 days of sale (with an allowance for an additional 60 days under certain circumstances), the purchaser will have rights for a partial refund.
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Question:
We live in a small and quiet gated development with a sparse population. Our neighbors have a 2-3 year old (rescued) Doberman pinscher they keep in their yard behind an electric fence. Anytime we walk by (almost daily), after he spots us walking, he dog charges up the driveway to the limit of the fence and then displays continuous aggressive barking and growling; and keeps it up until we are out of sight, only to resume when we return. It is nerve wracking to watch the dog's aggressive behavior and realizing that the only thing separating the dog from us, is the electric fence. One day, some months ago, the owners had the dog out on a leash on the same road my wife walked by herself that day. While the owners had stopped to talk with a neighbor and my wife happened to pass them, the dog lunged out at my wife and bit her on her upper left arm. My wife did not think much of the affair and suggested to the owners that the dog be muzzled when being taken for a walk in the future. The husband had left the conversation by then, but the wife agreed to take her advice. Since then, when we have seen the dog out of the yard, it has been on a leash and wearing a muzzle. My wife wound up with a very bruised arm and having to take a precautionary tetanus shot. Is there anything we can do to stop this aggressive, nerve wracking, and unwelcoming behavior?
Answer:
The Doberman’s owner, by adhering to your wife’s request to keep the dog muzzled and leashed when off of her property, seems to be cooperative. You may wish to express your concerns to her and perhaps tell her what times you walk by her house. It may be possible for her to keep her dog indoors at those times. Since you find the situation to be nerve wracking, you should also consider not walking by this particular house on a regular basis, if at all possible. It certainly can be very intimidating for persons to walk by houses and have dogs dashing at them, particularly when the person walking by does not know that there is an electric barrier. You can also contact animal control. If the dog has already been declared dangerous after a trial, then the invisible fence probably would not be deemed an acceptable method of confinement. Again, I suggest you try to talk with your neighbor to work out an amicable solution for you, your neighbor, and the dog.
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Question:
Is there a source/website though which I could find names of lawyers in my state who specialize in pet law AND in estate law involving providing for my pets. Many lawyers look at you as if you are nuts when you say you want to include your pets in your will.
Answer:
The Pennsylvania Bar Association has an Animal Law Committee and the University of Pennsylvania Law School has an animal law course. Perhaps if you contact these institutions you can get a referral to a trusts and estates attorney familiar with Pennsylvania’s pet trust law.
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Please note that 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 does 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.
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