When Should You Call an Animal Law Attorney?

I recognize that for many people, pets are a part of the family. Just as with other family members, sometimes you may want to provide legal services for them. Alternatively, you may have experienced injury or property damage due to an animal, or have an interest relating to animals in the wild. Below are some of the instances when you may need an animal law attorney, and some of the services I provide:

Animal Attacks and Dog Bites
Animals can and do cause tremendous injury to people. If a person has reason to know that an animal owned by them or under their care has dangerous propensities, they have a legal duty to take care to prevent injury to others. If they fail to do so, they can be held liable for money damages. I represent people who have been hurt by animals that were not properly restrained or controlled. In these cases, I do not hold the animals responsible, but do hold the people responsible for not taking proper care with their animal.

On the other hand, animals, especially dogs, can sometimes be unjustly accused of biting, chasing livestock, or other misconduct. When this happens, I represent owners at hearings and court proceedings where my focus is to save the life of the "accused." I think it is unfair to punish an animal when it is the owner who is truly at fault. I have helped owners and families learn to responsibly handle and control their animals, or find suitable new homes for them as a means of saving their lives.

Animal Injury or Death
The law provides for the recovery of damages when an animal is killed or injured by the actions or omissions of another. Animals have suffered and died due to veterinary malpractice, badly dispensed prescriptions, product defects, negligent restraint of another, more aggressive animal, and mishandling by groomers, kennels, stables and airlines.
If you bring in a healthy, live animal for service or transport in exchange for a fee, the service provider is supposed to return your animal alive and healthy. The law in most states, including Hawaii, provides that the amount of recoverable damages is equal to the “fair market value” of the animal. For someone who has lost a longtime companion, recovering the market value of the animal may do little to compensate them for their loss. Whether your animal was harmed or killed intentionally or by the negligence of another, there are other theories of liability that may come into play. I am glad to help people know their legal rights and options for recovery when the unfortunate happens. Link to pet food recall information. Link to CBS News Video, 'Are Pets Just Property?'

Condominium/ Landlord-Tenant Disputes
I help animal owners and property owners resolve issues surrounding pets and other animals on property. Unfortunately, policies regarding pets are often not clearly spelled out in a lease or association ownership agreement, or uniformly applied. Individuals sometimes move into or even purchase housing only to be told later that their pets are not welcome. I also assist people with service animals to know their legal rights under federal and state housing and disability laws. I work with both residents and property owners/managers to know their legal rights and options and find workable solutions.

Custody and Ownership Disputes
The ownership of animals can be tricky under the law in that although animals are considered a form of property, many do not come with a deed or certificate of ownership. I help people resolve issues surrounding custody and ownership of animals whether it be associated with a divorce, a bailment (where an animal is temporarily left in the care of another) an animal pregnancy, a lost and found, an alleged breach of a sales agreement, or some other situation. I understand and appreciate the bonds that people establish with animals, as well as the benefits that may be derived from them, economic and otherwise.

Estate Planning
People often want to be able to provide for the care of their animals after their death. Because animals are still legally considered a form of property, they cannot be the beneficiaries of a standard will or trust. The law in Hawaii changed in 2005 to allow pet owners to establish a legally enforceable separate trust for their pets or domestic animals.
I advise people on the different options they have to provide for their pets after their owners have gone. I help pet owners to establish a legally enforceable trust for their animals to better ensure that the owner’s final wishes regarding their animals’ care and maintenance will be honored. Touch this link to go to Estate Planning for Pets

Contractual Disputes, Consumer Fraud
Contractual disputes and consumer fraud may arise with purchases for animals or for services involving animals. What do you do if the animal you purchased turns out not to be as represented (not pure bred, not healthy)? What do you do if you contracted for and paid for a service that was not performed as specified (animal cremation, burial, or tissue banking)? I represent pet owners who have been treated unfairly in the marketplace.

Equine & Livestock Law
Hawaii, like many states, has special laws relating to horses and livestock and activities where they are involved. I assist the owners, recreational users and transporters of horses and livestock, as well as real property owners, to know their legal rights concerning issues that may affect them such as those involved in sales and services, zoning, trespassing, boarding, leasing, or reducing liability for recreational activities.

Wildlife Law
In Hawaii, we have an abundance of wildlife, both on land and in our oceans. I assist people with legal issues involving terrestrial and marine wildlife and to know their rights under federal, state and county wildlife laws. Issues range from ownership and/or use, harassment, damage to critical habitat, trade, and hunting and gathering, to name a few.

Why Should You Call Emily A. Gardner as Your Animal Law Attorney?

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