Frankie The Law Dog

Service Dogs for Veteran’s Act

Senator Al Franken’s (D-MN) first piece of legislation, the Service Dogs for Veterans Act, has passed the Senate.

Service Dogs for Veterans Act Will Provide Trained Dogs to Assist Wounded Veterans

The bill requires the “Secretary of Veterans Affairs to carry out a pilot program to assess the feasibility and advisability of using service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities.”  The program will provide about 200 trained service dogs to disabled veterans and will set up a multi-year study to determine the costs and benefits involved.

Cost of the Program to Provide Service Dogs to Veterans

The cost of the program is about $5 million out of the $680.2 billion 2010 Defense Authorization Bill.  The cost of training each service dog is about $25,000.  Although there are a number of charitable groups that raise the money and provide training for service dogs, the waiting list for trained service dogs is long, reports the Twin Cities Pioneer Press.

The funding for this bill is not intended to take the place of the work nonprofits do.  Its goal is to study the feasibility of government funding for service dogs in the treatment and rehabilitation of wounded vets.

What is Next for the Service Dogs for Veterans Act?

The bill was approved in Congress on Thursday, October 22, as part of the Defense Authorization Bill. The legislation was co-sponsored in the Senate by Sen. Johnny Isakson (R-GA).  Representatives Ed Whitfield (R-KY) and Ron Klein (D-FL), championed a companion version of the bill in the House.  It now awaits the signature of President Obama to become law.

S. 1495 – Service Dogs for Veterans Act, as introduced.

What Happens if My Dog Bites Someone?

No dog owner wants to be on the receiving end of a summons to a dog bite lawsuit.  But dog bites can and do happen, so every dog owner would be wise to be familiar with the dog bite laws in his or her state.

Florida Dog Bite Law: What Happens if My Dog Bites Someone?

Florida’s Dog Bite Law: The Owner is Liable for Dog Bites

In Florida, the owner of any dog that bites someone who is lawfully either in a public place or on the owner’s property is potentially liable for the dog bite victim’s injuries.  This is true regardless of whether the dog has shown any dangerous propensities in the past.  It is also irrelevant that the dog’s owner either knew of did not know the dog had ever acted in a vicious manner.

In other words, when it comes to civil liability, dog bite lawyers will tell you that the old saying “every dog is entitled to one free bite” is not true.  The dog owner cannot escape liability for a dog bite by arguing that the dog has never acted in a vicious manner before, or by claiming that the owner had no idea the dog might act in a vicious manner.

Who is the “Owner” of the Dog?

Florida law defines the owner of the dog to include any person or company that possesses, keeps or has custody or control of the dog.  Presumably, this means that anyone who has control or custody of the dog could potentially be liable for the dog bite, including boarding kennels and dog groomers.  If a dog is owned by a person under the age of 18, the minor’s parent or guardian will be considered the “owner” of the dog for liability purposes.

What if the Dog Bite Victim is Negligent?

Under Florida’s dog bite law, if the dog bite victim was negligent, and if the negligence caused them to be bitten, that will be taken into consideration in any damages award.  For example, if the victim is determined to have been 25% responsible for the dog bite through his or her own negligence, the damage award will be reduced by 25%.  This is called comparative negligence.

What Defenses Does the Dog Owner Have?

In addition to comparative negligence, the dog owner may raise the defense of assumption of the risk.  Under Florida’s dog bite law, the owner is not liable for a dog bite on his or her property so long as the owner has displayed on the premises an easily readable sign that includes the words “Bad Dog.”  The warning sign need only be “easily readable.”  This does not mean that the owner is responsible for posting a sign that every potential dog bite victim can read.  The owner is not responsible for the dog bite victim’s illiteracy or inability to read and comprehend English.

There are a couple of exceptions to this rule.  First, the “Bad Dog” warning sign does not apply to children under the age of six years.  A child that young is not expected to read and understand the warning sign.  Second, the warning sign will not help if the dog owner’s negligence or intentional act has caused the dog to bite someone.

What if the Dog Injures Someone Without Biting Them?

Dogs can cause damage that does not necessarily involve biting a person.  They can injure someone by jumping on them, for example, or can cause injury to other animals.  Florida law holds dog owners responsible for any damage the dog does to any person or other animal, including domesticated animals and livestock.

What Happens to the Dog?

Under Florida law, a dog that has bitten someone may end up being classified as a “dangerous dog” for which the owner must take special precautions.  Under some circumstances, the dog may have to be destroyed.  Additionally, the dog owner may face criminal sanctions under Florida’s Dangerous Dog Act.   If the dog kills someone and the dog owner knew the dog was likely to do so, the dog owner may even be charged with homicide.

Disclaimer:  This article is in no way intended as legal advice.  For help with specific legal issues surrounding Florida’s dog bite law, or the dog bite laws in your jurisdiction, please contact a dog bite attorney in your local area.

Sources:  §§ 767.01, 767.04, 767.11(7), Fla. Stat. (2009); Registe v. Porter, 557 So. 2d 214 (Fla. 2d DCA 1990).

Additional Resources:  Homeowner Insurance for Dog Bites,  How to Hire an Attorney, Personal Injury Law

Will Dog Owners Soon be Able to Deduct Pet Care Expenses?

U.S. Representative Thaddeus McCotter (R-MI) has introduced the Humanity and Pets Partnered Through the Years (“HAPPY”) Act – H.R. 3501.  If passed, the HAPPY Act would amend the IRS Code to allow a deduction for pet care expenses.

HAPPY Act Would Give Pet Owners a Tax Deduction for Certain Expenses

The HAPPY Act, H.R. 3501, Would Help Families by Allowing a Tax Deduction for Pet Care Expenses

H.R. 3501, if passed, would give an individual taxpayer an allowable deduction for the amount of the taxpayer’s “qualified pet care expenses” for any “qualified pet.”  Qualified pet care expenses would include “amounts paid in connection with providing care” for the pet, including veterinary care.  Expenses associated with acquiring the pet would not be deductible, however.

The maximum allowable deduction under the proposed legislation would be $3,500.

A “qualified pet” is defined in the bill as any “legally owned, domesticated, live animal.”  Animals used for research or in connection with a trade or business will not be considered qualified pets.

HAPPY Act Would Encourage Responsible Pet Ownership

Most pet owners want to do the best they can for their furry family members.  But with pet care costs rising all the time, providing routine care such as regular heart worm medication and flea and tick preventatives can be a financial burden.  Add in the cost of veterinary care for illnesses, and some families have a difficult time giving their pets everything they need.

The HAPPY Act would encourage responsible pet ownership by allowing pet owners a tax deduction of up to $3,500 for expenses associated with caring for their pets, including veterinary care.

The ASPCA Supports H.R. 3501

The ASPCA has issued an “Advocacy Alert” asking animal advocates to support the HAPPY Act, H.R. 3501, by contacting their U.S. representative and urging him or her to support and cosponsor the bill.

Saturday, September 19 has been set aside as Puppy Mill Awareness Day, and events are planned in England, Ireland and across the United States to draw attention to the plight of animals who are victims of puppy mill abuses.

Puppy Mills are a Growing Problem Everywhere

Puppy mills (called puppy farms in some countries) are a growing problem.  The profits associated with breeding large numbers of popular dog breeds are too tempting for some unscrupulous and greedy people to resist.  The ASPCA defines a puppy mill as a “large-scale commercial dog breeding operation where profit is given priority over the well-being of the dogs.”

The Focus is on Profit at Puppy Mills

Because the focus at puppy mills is on profit, little care is given to producing healthy puppies.  Rather, the emphasis is on producing quantities of puppies, regardless of the problems involved.  As a result, puppy mill dogs are over-bred and inbred, leading to genetic abnormalities and a range of health problems.

Moreover, breeding dogs are often subjected to lives of constant captivity in small, unsanitary, crowded cages without access to adequate food, water, exercise or veterinary care.

Puppy Mills do not Produce Healthy Puppies Like Daisy

Puppy mill dogs usually end up in pet stores.  According to the ASPCA, these dogs are sold through brokers when they are as young as eight weeks of age.  Furthermore, the “lineage records of puppy mill dogs are often falsified.”  Thus, the unwary consumer is not getting what he or she pays for.

Puppy Mill Laws:  Anti-Puppy Mill Legislation

Many states across the USA are attempting, with mixed success, to put legislation in place to prevent some of the worst abuses of puppy mills.  And with the assistance of groups like the American Society for the Prevention of Cruelty to Animals (ASPCA) and the Humane Society of the United States and their local affiliates, law enforcement agencies are stepping up raids on puppy mills.

Puppy Mill Awareness Day

Although some progress is being made in the fight against puppy mills, the problem persists.  For instance, concerns remain about whether new anti-puppy mill laws can or will be enforced.

And if consumers remain ignorant about the living horror that is a puppy mill, they will continue to inadvertently support puppy mills by purchasing dogs from pet stores.  That is why events such as those associated with Puppy Mill Awareness Day are so important.  The best way to put puppy mills out of business is to educate the public.