Question:

I was about to rescue a cat from someone who had found it but couldn't keep it. By the time I returned his phone call he said he no longer had the cat and had his nephew shoot it. My local humane society has a "nothing I can do" attitude and I'm so upset about this. All I have is the man's name and cell number. Is it illegal to shoot a cat or dog in New York? What else can I do? I can't let this guy get away with this.

Answer:

It is illegal to shoot a cat or a dog. The only exception to this is in an emergency for a dangerous dog or a severely injured dog or cat who is suffering and cannot otherwise be aided. In New York, the police and societies for the prevention of cruelty to animals (SPCA) have the authority to enforce the animal cruelty laws. If you provide me with the county, I will see if I can give you any further information. The difficulty in some of these cases is proving that the person actually made the statement (he might deny it) and proving that the person alleged to have killed the cat actually did so. 

 


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Question:

We lost a dog that grew up along with my kids on 08/12/2009. In the other hand, the vet around the corner put to sleep a dog with the same descriptions the very next day as per somebody request. The employees by the vet said that the individuals taking the dog there found her and she was in very bad conditions. The dog was 16 years old and had a surgery less than a year ago. However, it was not anybody’s decision other than us to put her to sleep. I went to the vet several times and they did not want to give us much information, but I needed to talk to the manager. Today I went to see the manager and owner and she reacted very aggressively and in a very defensive way, saying that I would never know that the dog that they put it to sleep on 08/13/2009 was mine. We have no closure on this.

Answer:

If the body of the dog has been cremated or otherwise no longer under the control of the vet, I don’t think you will find out definitively if the dog the veterinarian “put to sleep” was your dog. There is a Florida law that seems to indicate that veterinarians should make efforts to locate a dog’s owner prior to euthanizing a dog. However, the law also contains language to the effect that the veterinarian will not be held liable if he/she acted in good faith and with due care. I don’t know what efforts the vet made or the condition of the dog when presented to the vet but you can contact the Florida Department of Business and Professional Regulation, the agency that licenses veterinarians in your state, 850-487-1395, www.myfloridalicense.com, to file a complaint.

 


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Question:

We bought our dog from a pet shop in march. She has been sick with stomach problems. We just had her in the hospital and there is nothing they can do for her the liver never developed. They tell us it is genetic. The pet shop just says take her to court. Please give us advice. Thank you.

Answer:

I am so sorry to hear about your dog’s health problems. New York’s pet sale law states that the pet dealer must provide the purchaser with a statement indicating all of the following: “(1) The dog has no known disease or illness;  (2) The dog has no known congenital or hereditary condition that adversely affects the health of the dog at the time of the sale; or  (ii) A record of any known congenital or hereditary condition, disease or illness that adversely affects the health of the dog at the time of sale, along  with  a  statement  signed by a licensed veterinarian that authorizes the sale of the dog, recommends necessary treatment, if  any, and  verifies  that  the condition, disease, or illness does not require  hospitalization or nonelective surgical procedures, and is not likely to   require  hospitalization or nonelective  surgical  procedures in the future. …The statement shall be valid for fourteen business days following examination of the dog by the veterinarian.” The law further states that “For animals eighteen months of age or older, such examination shall include a diagnosis of any congenital conditions that  adversely  affect the health of the animal” and “No pet dealer shall knowingly sell any animal eighteen months of age or older that has a diagnosed congenital condition that  adversely affects the health of the animal without first informing the consumer, in writing, of such condition.” The pet sale law also provides consumers with certain remedies (including right of reimbursement of veterinary costs to treat the animal up to what was paid for the animal) if the purchaser gets a veterinarian’s certification that the animal was unfit for purchase within 14 days from the date of purchase. Given the time constraints mentioned above, the pet sale law will probably not help you. However, consumers are not limited by the pet sale law. Under the Uniform Commercial Code, merchants (this includes pet stores) could be held accountable to consumers if the merchant sells goods (this includes animals) that are unmerchantable (basically unfit for sale). You can file a complaint with the New York Attorney General’s Office and/or sue. In New York you can sue for up to $5000 in Small Claims Court. I don’t know how a court would decide your case but you might very well need an expert (such as a veterinarian) to testify on your behalf to improve your chances of winning the case. Next time, please consider adopting a homeless animal from a shelter.   


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