Companion Animal Law Blog

Bringing together those whose lives and livelihoods revolve around companion animals


Leave a comment

Reminder: VDACS Charitable Organization Form 102 Due May 15!

iStock_000014644722SmallTo all Virginia nonprofits, this is a reminder that May 15 is the deadline to renew your Form 102 with the Virginia Department of Agriculture and Consumer Services (VDACS) Office of Charitable and Regulatory Programs.

Organizations that wish to solicit charitable funds in Virginia must register with VDACS.  If you’ve already registered, you still need to renew your registration each year by May 15.

Don’t forget to include an updated list of officers and directors, a copy of your 990, and any amendments to your bylaws or articles of organization.  VDACS has a handy checklist for any other documents you might also need to include.

You can get a copy of Form 102 on VDACS’ website.


Leave a comment

Free Downloads for Virginia Boarding Establishments

I’ve posted before about who is responsible for a boarded animal’s vet care, notice requirements for Virginia boarding establishments, and how bailment law impacts boarders and groomers.

I won’t repeat these posts, but it is vital that you understand Virginia’s veterinary care and liability notice requirements for boarding establishments.  “Boarding establishments” are defined quite broadly, and would include kennels, doggy daycares, veterinarians and animal hospitals that board animals, and any other place where companion animals are “sheltered, fed and watered in exchange for a fee.”

The one point worth repeating is that Virginia boarding establishments are required to provide veterinary care to animals in their care.  You may not get stuck with the bill, but you absolutely must get care for the animal in the event of an emergency.

All Virginia boarding establishments are required to give two types of notice regarding liability and veterinary care.  I’ve created two downloads that will help you get in compliance with both of these notice requirements.  These downloads comply with the law’s specific notice requirements,  right down to the correct font size (at least ten-point) and type (boldfaced)!

The first download (PDF) must be in a written document and spell out exactly what the law requires for emergency veterinary care and liability.  You must provide this written notice to your clients in writing before they drop off their animals.  You can include this in your contract if you give your clients a copy of the contract.  Best practices would be to include this in your contract and to have separate copies of this notice on brightly colored paper in case the client asks for a copy.

The second download (PDF) must be displayed on a sign placed in a conspicuous location and manner in your intake area.  Make sure that this sign and the other notice are in bold print with at least ten-point font.  It’s also best to have both notices in all caps.

If you are a Virginia company or nonprofit and you want to know more about other laws that may impact you, consider getting a copy of the Virginia Comprehensive Animal Law Handbook.  It costs only $10, it’s updated annually, and you can order it from the Virginia Federation of Humane Societies.


Leave a comment

Public Meeting on the Solesky Decision this Sunday

The Maryland Animal Law Center will be hosting a public meeting on the fallout of the Solesky decision and what impact it has on pet care industry companies, rescues and owners.  The meeting is this Sunday, May 6 from 2:00 to 4:00 at Coventry School for Dogs in Columbia, Maryland.  This is a great opportunity to get up to speed on what impact the Solesky decision may have.


3 Comments

The Burden of Bailments: Lohre v. Posh Maids

On August 17, 2011, Robin Lohre asked Posh Maids to clean her home. During the several hours it would take to clean the house, Lohre needed to run errands. Lohre made sure with the employee that her dog, Ruthie, could stay in the house during the cleaning. Lohre asked the employee not to let Ruthie out of the house, and gave careful instructions of how to go in and out of the mudroom if she had to go outside. Lohre then went to run errands with her six-year-old daughter.

Posh Maids called Lohre to tell her they were able to finish the cleaning a little ahead of schedule because additional employees arrived. Lohre and her daughter came home to find Ruthie dead under the dining room table. Lohre called Posh Maids, and was told that Ruthie was hit by a car, ran back home and was “whimpering a little.”

Lohre sued Posh Maids for negligence and emotional distress for failing to inform her about Ruthie’s accident and leaving Ruthie without veterinary care. This week, Lohre secured a judgment of more than $65,000 in a precedent-setting law suit brought by The Animal Law Center in Colorado.

When Lohre left Ruthie in Posh Maids’ care, this arguably created a bailment – much like when you leave your car in a garage or you check your coat at the theater. But there is one major difference – unlike your car or coat, companion animals are living beings who require care, including emergency veterinary care.

People entrust their companions with groomers, boarders and doggie daycares every day. If you are entrusted with others’ animals, you could face a scenario similar to Posh Maids. Take a look at the following questions and answers in order to prepare yourself in the event of an emergency.

Question #1: Does the relationship between you and the animal amount to a “bailment”?

A “bailment” arises when a person temporarily gives control over or possession of personal property to another for a designated and agreed upon purpose. If you are providing services for a companion animal and the animals’ owner leaves the animal in your care, you are involved in a bailment.

Question #2: To what degree are you responsible for an animal left in your care?

In Virginia, “owners” are tasked with providing adequate care to companion animals under Virginia Code Section 3.2-6503. This involves providing adequate food, water, shelter, space, exercise, care and veterinary care. The definition of “owner” is quite broad – including “any person who: (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal.”

In addition, Virginia Code Section 3.2-6518(A) specifically holds groomers and boarding establishments responsible for the care provisions of Section 3.2-6503. Failure to care for the animal properly is a Class 1 misdemeanor, punishable by up to twelve months in jail and a $2500 fine – much steeper than the $250 fine an owner faces for the same violation.

Question #3: If an emergency arises, are you responsible for getting the animal to the vet?

Yes. Plain and simple. The answer to this question is undoubtedly yes. You may or may not be liable for the vet bill, but don’t let that hold you back from getting immediate veterinary care for the animal. Section 3.2-6518 also specifies that groomers and boarding establishments must provide emergency veterinary care in the event of illness or injury.

Question #4: Are you also responsible for the vet bill?

Generally speaking, bailees, such as groomers and boarders, are liable for their own negligence. Section 3.2-6518 clarifies that the bailor/owner is liable for emergency veterinary costs, unless the animal sustained injury because the groomer or boarding establishment accidentally or intentionally failed to care for the animal adequately, or if the injury resulted from the groomer’s or boarding establishment’s actions. That code section does not require the groomer or boarder pay for treatment of injuries caused by the animal’s self-mutilation.

Question #5: Is there anything else I need to know?

If you are a Virginia boarding establishment or groomer, make sure your business and your contracts are in full compliance with the care and very specific notice requirements imposed in Section 3.2-6518 and Section 3.2-6519. If you are unfamiliar with these notice requirements, please take a look at this earlier post.

To fully protect your business and any animals in your care, make sure that you have a clear policy for your employees to follow, and an open line of communication with your clients and local veterinarians in the event of an emergency.

The Posh Maids case is a good reminder of your responsibilities and liability as a bailee. Equally significant is the fact that this case allowed damages for negligence based on the loss of a companion animal. Virginia law still does not allow damages for negligence, but there may be a door open for intentional torts or gross negligence. Stay posted for recent developments on this front in Maryland.


Leave a comment

Operation Socialization Guest Blog, Part 2: Contracts and Waivers

Don’t miss Part 2 of my “Are You Covered” guest blog series with Operation Socialization!  The series is designed to help trainers think about the business end of training, and give pointers about protecting their businesses.

Part 1 discussed the importance of creating an entity for your business and properly insuring the business.

Part 2 talks about contracts and waivers, with extra tips for those of you who work with aggressive dogs.

Watch for Part 3, which will discuss ways to protect yourself and your business from liability.

Never underestimate the importance of treating training as a business, and doing all you can to protect that business.  If you’d like to know more about the basics of protecting your business, check out these top ten tips!


Leave a comment

Special Thanks to Operation Socialization for Guest Blogger Opportunity!

Hearty thanks to Operation Socialization for offering me a great guest blogger opportunity!  Operation Socialization is a network of professional dog trainers and businesses. Operation Socialization’s vision is to raise awareness about the importance of puppy socialization and to provide the humans on the other end of the leash with education and resources to give puppies the best possible start in life.

Operation Socialization recently asked me about ways to protect a dog training business.  Operation Socialization’s main focus for the guest blog series is on  risk management and insurance issues.  Insurance is one of the many components to protecting your business.  For a nice checklist to get you started (or to double check for your existing business), take a look at this prior blog post.

To read the first part of my response to  Operation Socialization’s questions on risk management and insurance issues, take a look at my guest post:  Are You Covered?  Protecting Your Business, Part One.


7 Comments

How Do I Find A Good Rescue?

Data provided by the Virginia Department of Agriculture and Consumer Affairs (VDACS) demonstrate how vital rescues are to animal welfare. In Virginia in 2010, rescues accounted for 10,816 stray, seized, transferred and surrendered animals. These Virginia rescues adopted 4,886 and transferred another 1,846 of those animals. The rescues euthanized only 427 of those animals. This is an adoption rate of 45%, and euthanasia rate of only 4%.

The overall 2010 figures, including data for shelters, pounds, humane societies and rescues, show a different picture. Of an overall number of 185,948 stray, seized, transferred and surrendered animals, 54,425 were adopted, another 24,137 were transferred and 72,403 were euthanized. This is an adoption rate of 29%, and euthanasia rate of 39%.

With their high adoption rates and low euthanasia rates, rescues are a very attractive option for someone looking to adopt a companion animal. However, not all rescues are created equally.

On more than one occasion, I have gotten a phone call from a person who adopted an animal from a “rescue,” only to discover that the rescue was hardly a benevolent non-profit. The “rescue” instead was in the business of selling animals that are unhealthy or not the size or breed that was promised. And even when rescues have their heart in the right place, more and more rescues act as venues for animal hoarders, like we’ve seen recently with Annette Thompson in Goochland County and Janet Hollins in Prince William County.

In light of all this, there are several things that you can do to make sure that the rescue you are considering is legitimate.

First, if the rescue claims to be a 501(c)(3), you can double check this using the Guidestar website. Guidestar can show you vital information such as the non-profit’s mission statement and recent 990 tax filings. The rescue’s 990 will show you even more information, such as how the organization is funded and how much the organization spends on administration and fundraising versus costs directly related to the animals’ care.

Second, a rescue claiming to be a non-profit may have additional state regulations and obligations. For instance, all Virginia non-profits must register with VDACS’s Department of Consumer Affairs to solicit as a charitable organization. You can check whether the rescue is registered to solicit using the Department of Consumer Affairs’ website.

Third, check to see if the rescue is complying with its state registration or reporting obligations. In Virginia, rescues must register and report data annually to VDACS and the Office of the State Veterinarian. VDACS maintains an online database that tells you which rescues are reporting, and gives data for each rescue for how many animals they take in per year, the source of those animals, and the disposition of the animals.

Fourth, the rescue should have a written adoption contract that complies with all legal obligations. For instance, Virginia rescues must comply with Virginia Code Section 3.2-6574, which requires a written contract between the rescue and adopter in which the adopter agrees to neuter an intact dog or cat within 30 days of adoption or the date that the animal reaches six months of age.  Any decent rescue will likely also have a contractual provision that requires the adopter to return the animal to the rescue if the adopter can no longer care for the animal.

If you are checking out a rescue, here are some red flags to watch out for:

  • The “rescue” claims to be a 501(c)(3), but you can find no information using Guidestar and state regulatory sites.
  • The rescue uses a high percentage of funds for administrative costs, rather than costs directly related to care of the animals, such as veterinary care, food, training and boarding.
  • The “rescue” does not have a contract. Or it has a contract, but the contract lacks key provisions, such as requiring the adopter to spay or neuter the animal, or return the animal to the rescue if the adopter can no longer care for the animal.
  • The “rescue” cannot produce identifying information and veterinary records for their companion animals.
  • The “rescue” charges high “adoption fees,” and has a website promising to sell you the perfect purebred or designer breed puppies or kittens. Take a look at the ASPCA’s website for more information on internet scams.

As with any company, don’t just rely on the rescue’s website. You should be able to call the rescue and speak with a live person. When you see a particular companion animal you are interested in, you should be able to meet the animal and the foster, and review the animal’s veterinary records, before you decide if the animal is right for you. If you already have a dog and you are looking to adopt a second dog, ask to set up a meet and greet for the dogs.  If the rescue is hesitant with any of these requests, think again before you adopt from them!