Expert Legal Advice on Pet Issues

ANSWER:

A court may find that the groomer owed you (and your dog) the duty of reasonable care and that the groomer was negligent in the handling of your dog. In New Hampshire, one can sue in Small Claims Court for up to $7,500.

Is it legal for a veterinarian to neuter my cat without my consent when my cat was in for amputation on his right hind leg?

ANSWER:

Veterinarians who perform unauthorized procedures can be subject to disciplinary action by their state’s licensing board and also be on the receiving end of a lawsuit by the animal’s guardian. However, animal guardians are often required to sign a form when animals are admitted to a veterinary hospital. Sometimes these forms state that a veterinarian can perform additional procedures if the veterinarian determines such procedures are necessary for the animal. I suggest that you carefully read the form you signed. Since neutering provides health benefits and helps to curb pet overpopulation, consider that the neutering was an advantageous procedure. I hope your cat is doing well.

My husband surprised our kids with a new dog. The kids are in love with this dog, as am I. But we got a call from the people we bought him from saying that they got a call from the shelter they brought him from months ago. The shelter is asking for the dog back. We have paid for the dog's care and bought him for our kids. If we have to give the dog back, it will break our kids' hearts. The people we got him from for $100 said the shelter wants an additional $300 for the dog from us, though the people we bought him from already paid $300 to adopt him months ago. Can the shelter take the dog back?

ANSWER:

Many shelters include provisions in their adoption agreements requiring the adopter to return an adopted animal to the shelter if the adopter no longer wants to keep the animal. This type of provision is included so that the shelter can better ensure the animal’s well-being. However, I have found that some shelters will not enforce such a provision once the shelter is satisfied that the animal is in a good home. In such instances, shelters will change their records to include the new adopter’s information. If the shelter wants to pursue the new adoption fee and the "new" adopter does not want to pay the fee, the shelter can commence a legal action and try to recoup the money that way. I do not think it is common for shelters to take this kind of action. However, consider that shelters spend a lot of money to care for homeless animals, and that giving a donation to help them help more animals may resolve your situation and provide closure.

After considering rehoming my pet bird, I met someone who wanted it, and I agreed to let her have the bird for a week or two to see how the bird would do. After I dropped the bird off, I really felt concerned about the home since it was a really old trailer. I told the woman that I just couldn't part with the bird, and asked if I could go ahead and pick the bird up the next day. The woman said I could. The next day, when I went to get the bird, the lady said no, and that I couldn't even come visit to check on the bird. I can provide a vet bill and my adoption papers from when I adopted the bird. How do I go about getting the bird back?

ANSWER:

You can sue for the return of the bird. Consult with an attorney in your area. Keep in mind though that just because a person still has adoption records does not prove that he/she did not subsequently sell or give an animal to another person. When one voluntarily places an animal in another person’s possession, and the other person is not a boarding facility, it may be difficult to convince a court that the arrangement was temporary (unless there is a written agreement which states such terms). Saying that you were concerned about the woman’s living conditions and then giving her the bird anyway (even temporarily) may not work in your favor. 

My neighbor's dog has lived at my house for over two years now. She has had puppies under my house. I have found good homes for them, but the owners insist they are now going to come get their puppies.

Whose puppies are they, and what can I do to prevent my neighbors from removing these babies from my property?

ANSWER:

Sometimes there is no clear answer to a question. Your question falls into this category. It sounds as if you and your neighbor “shared” the mother dog. You actually refer to the dog as your “neighbor’s dog.” The puppies should not be under anyone’s house, but rather the mother and puppies should be given humane care inside one of your homes. You and your neighbor should consult with a veterinarian and then try to work out an amicable arrangement. The mother dog should be spayed as soon as the veterinarian says it can safely be done.