A Leader in Animal Bailments and Liens
Animal Bailments
In the realm of Animal Law, a bailment occurs when the owner of an animal, known as the bailor, temporarily transfers possession of the animal to another party, the bailee, for a specific purpose, such as grooming, boarding, daycare, training, or transport.
This relationship is primarily governed by the principles of Contract Law and Tort Law, depending on the circumstances of the care provided. If the bailee fails to fulfill their contractual obligations to the bailor, such as regarding the proper care and return of the animal, the bailor may assert a breach of contract claim.
If the bailee fails to exercise a reasonable standard of care regarding care of the animal, resulting in injury or harm, the bailor may have a tort claim. Negligence claims could include negligent supervision, negligent care, negligent training, negligent maintenance of facilities, and negligent release, as well as failure to comply with specific instructions of the bailor, such as for dietary restrictions.
Contact the Law Office of Barbara J. Gislason for questions about bailments, including questions about a contract you signed and whether any exclusions set forth in the contract are enforceable. The firm serves clients throughout Minnesota, including in Anoka County, Hennepin County, and Ramsey County.
Animal Liens
The essence of a lien is the right to retain possession of animal “property “to secure payment of a debt, not unlike a car mechanic demanding payment before returning a car. For example, if you place your horse in a barn or your cat with a veterinarian and do not pay for the services provided, they may have the legal right to keep your animal unless their lien is satisfied. Categories of animal liens include: agister’s liens for care, boarding, and feeding; liens by a pet groomer; and farrier liens. In bankruptcy proceedings, animal liens are more complex and may involve federal or state laws, but a rule of thumb is that a lien already in place remains.
Not all liens hold up to scrutiny, and accordingly, knowing the law like Barbara does is important because it is common for claims and defenses to intersect with various factors, such as negligence and breach of contract.
In addition, not all liens are legal. The answer may depend on state statutes and case law. Most commonly, liens are asserted by veterinarians or boarding facilities. In some cases, if a lien is not timely paid, the person failing to pay the lien may lose control and ownership rights. Lien holders should be aware that procedures to sell a horse require compliance with a variety of legal requirements. It is prudent to seek legal advice before acting. Barbara can help you keep a cool head.
If you are having trouble getting your animal back, or an animal is at risk in a bankruptcy situation, contact the Law Office of Barbara J. Gislason. Many times, once dealing with a lawyer, unreasonable people become more cooperative.
Seizures of Animals
Animals may be seized by animal control officers or law enforcement agencies under various circumstances to protect public safety, animal welfare, or compliance with local and state regulations. Common scenarios include public health hazards, violations of dangerous dog orders, allegations of serious injury or death, zoning or ordinance violations, and evidence of animal hoarding or neglect.
Animal owners are generally entitled to due process, including the right to notification of the seizure, the opportunity for a hearing or appeal, and compliance with legal procedures, such as obtaining warrants, before a final disposition can be made. However, in situations involving imminent danger or extreme suffering, exceptions may apply, and euthanasia is performed.
If your animal has been seized, it is crucial to act quickly. Barbara recommends contacting her immediately for guidance on your rights and next steps, as delays could impact your ability to recover your pet.
Contact a Lawyer Who Can Navigate Complex Animal Law Matters
Call the Twin Cities Law Office of Barbara J. Gislason in Anoka County at 763-220-2983 or email the firm to arrange a consultation.