Q&A: Legal Rights for your Furry Friends

Family/Kids, Rights

According to a recent survey by the American Pet Products Manufacturers Association, there are approximately 94 million owned cats and 78 million owned dogs in the United States.  With so many animal lovers, and the dog days of summer upon us (pun intended) many more people are out and about with their pets.

Whether you’re going on a walk around the block  or spending the day at the beach, it’s important to remember the laws that are in place to protect your furry friends and your rights as their owner.

We asked Minnesota attorney Barbara J. Gislason to answer some common questions about animal law:

Avvo: Are there certain laws that limit the number of pets you can own?

Limit Laws for pets are typically based upon species established by a local government. Because cities and suburbs vary on pet limit laws, if you want more of a specific kind of pet, consider living in a place with higher limits or run the risk of a dispute with animal control and the need to retain an animal lawyer. For example, in Cottage Grove and Windom, Minnesota, you can have a total three dogs and cats in a residence. In Hopkins, Minnesota, you are limited to two dogs over the age of six months. In Minneapolis, Minnesota, you need a specific permit to have more than three dogs, cats, rabbits or ferrets, and also a permit to have pigeons, ducks, chickens, turkeys, and honey bees.

Avvo: Can I be sued if my pet hurts a person at a public pet area, like a dog beach or a dog park?

It used to be that dogs had one “free” bite, which seems fair enough for a species often valued as a “guard dog.” More recently, states, including in the State of Minnesota, have laws that are making animal owners pay for injuries caused by their pet, unless there is what is called “provocation,” which is less than an exacting standard.

Avvo: If my pet is bitten by someone else’s pet, what are my rights? (Especially if my pet ends up needing veterinary care.)

There are an increasing number of dangerous dog laws throughout the country. In the State of Minnesota, a dog’s bite might lead to the offending dog being subject to a potentially dangerous dog or dangerous dog designation, particularly if the offending dog was not provoked. If your dog did the biting, be sure to get an animal lawyer right away to help you put your dog’s actions in the best light. If your animal was bitten, consider a rabies test and a possible quarantine.

Avvo: Given the hot temperatures this time of year, is it illegal to leave your pet in a parked car?

First, before answering your question, I want to point out that it is very dangerous to leave any animal in a parked car where the temperature can quickly rise to 120 degrees. In just minutes, high temperatures can cause brain damage, heat exhaustion, stroke, even death to your pet. Animals at particular risk in a hot car are large dogs, animals with heavy coats, as well as any animal that is elderly, overweight, has medical problems, or a flat face.

Fourteen states have specific laws concerning leaving animals in parked cars, including California and Arizona. For example, in the State of Arizona, where law enforcement can break in your car to help a pet, it is a criminal offense to “intentionally, knowingly or recklessly leaves an animal unattended…[when]…physical injury or death of the animal is likely to result.” In the State of Minnesota, there is a law applicable only to dogs and cats in motor vehicles that prohibits endangering the animal’s health or safety. In summary, even if your state does not have specific laws about leaving pets in parked cars, most have laws against cruelty that results in an animal’s suffering, disability, or death.

Avvo: If you are witness to animal cruelty, what should you do?

Report what you saw, call the local humane society or law enforcement entity, and if you have a picture on your cell phone, let them see it. Although most states now have laws against animal cruelty, they differ as to which animals are covered. For example, if someone shot a dog in the suburbs, law enforcement, or a humane type society, is more likely to be concerned about cruelty than if a horse (classified in some states as livestock) is starving in a rural area. This is partly because the state laws make distinctions about what kinds of animals are protected by animal cruelty laws and partly by the differing values and experience of those in law enforcement. It has only been in recent years that law enforcement officers have stepped up training on how to enforce animal cruelty laws. Let your local law enforcement know this subject matters to you.

Avvo: If a couple is getting divorced, is there such a thing as joint custody of the pets?

Although newspapers use language like joint custody, pets still have the status of property throughout the United States, although you wouldn’t necessarily know it by reading the newspaper. In a typical divorce, only one party is awarded property, as the court values finality in property distribution. Even so, there are many divorcing people who are respectful of each other’s bonds with pets, and some enter into stipulated arguments on joint custody that a judge will sign off on. It is unlikely that a judge will grant joint custody in a disputed case, particularly because the state courts of appeals are very technical and uncompromising about the finality of property awards. As ideas about joint custody of pets continue to evolve, state laws should be passed that specifically permit it. In Minnesota, where I practice, I have learned that judges are increasingly paying attention to an animal’s best interests, even though this common sense standard is not yet in the law books.

Avvo: Should I have insurance for my pet?

Make sure that your pet is covered on your home owners or rental insurance in case your animal causes, or is accused of causing, injury to another person or animal. Notice that some policies exclude certain breeds of animals. If the type of dog you have is excluded, consider switching insurance companies. Also, check to see if your pet is covered on your automobile insurance. Some policies do not cover animals at all, some do under a property heading, and some mention animals by name. Insurance coverage of $2,000.00 is not enough if your pet sustains a serious injury. Last, but not least, more pet health insurance is coming onto the market. Make sure you do your research before you buy.

Barbara J. Gislason is an animal lawyer in private practice and can be reached at www.animalattorneyonline.com. She is a pioneer in the establishment of Animal Law both in the State of Minnesota and through the American Bar Association.

Disclaimer: Barbara J. Gislason is an experienced Animal Law attorney licensed to practice law in the State of Minnesota. Her comments are general in nature. If you want to know the laws or about laws and law enforcement in your particular state, contact an Animal Law attorney licensed to practice there.