Title: November 21, 2007
Q. I have a neighbor who leaves his three dogs alone in his house for days at a time. I don’t believe these dogs are fed or given sufficient water during the time that he is gone. The dogs are very skinny, their ribs are showing and the house smells very bad during the summer when the windows are open. I feel terrible about these animals not being taken care of properly. What can I do?
A. Lately, Kern County has seen more than its share of animal abuse cases. You can call the Animal Regulation inspector and this owner will be cited, if indeed, his animals are abused. Not feeding your animals and not providing sufficient water is a form of abuse. Obviously, the dogs are relieving themselves in the house because they have no place else to go, hence the bad smell emanating from the house. However, if the dogs have no food and water, the house should not smell so bad since they would not be relieving themselves because they would have nothing to relieve themselves of. Kern County’s Dept. of Animal Regulation, despite its officers’ over the top reaction in certain cases, is a fairly efficient organization. They respond quickly to complaints or reports of abuse. If necessary, your neighbor’s dogs will be taken away from him if the abuse continues. It will be investigated thoroughly, you can be sure of that. Thank you for your concerns about helpless animals.
Q. I live in Stallion Springs and I take the 202 to go home every night around 6:30 PM. Now that it is dark so early, I see people walking along the 202 in the dark, with dark clothes on. What if I hit someone and I did not see that person until the accident happens. What will happen?
A. When you are driving a car, you must be ready for any and all conditions on the road. You might bear some responsibility for the accident depending on the conditions at the scene of the accident. Obviously an investigation would need to be conducted by the police to ascertain whether the pedestrian was at fault. A pedestrian has a duty of due care and must take precautions to avoid an accident. There are numerous statutes and municipal ordinances that provide guidance with regards to this. Violation of a statute or ordinance is evidence of negligence in virtually every jurisdiction. If the law is in your favor, the more power to you.
Maxine de Villefranche is an attorney and civil general practitioner with 14 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661) 825-8880
Showing posts with label dogs. Show all posts
Showing posts with label dogs. Show all posts
Tuesday, March 24, 2009
Sunday, January 4, 2009
Legal Eaze #17 Water Runoff/Animal Regulation
Originally Printed: March 9, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. Our house sits in the middle of a small valley formation which has a caused us substantial problems with all the rain we’ve had. The runoff comes right to our back door. I dug a canal leading from the top of our backyard all the way to one side of my property, on the line between my neighbor’s property and ours. Since our entire property is on an incline going down toward the road, I figured the water will just go straight down to the road and keep going down the hill. My neighbor informed me that the water runoff is now coming straight at his house and he is very angry. What do we do?
A. By digging a canal to let the water runoff go to the side of your property instead of right at your house, you have created a monster. First of all, your house was obviously built in the wrong place. Second, you cannot divert your problem to your neighbor. Although I am not a builder, you should continue digging the canal all the way to the road. A soon as the weather permits, you should install “French gulches” going around both sides of your house all the way to the road. If you have caused damage to your neighbor’s property, you are liable for such damages. If you bought this house from someone else, they should have told you that you would have a big problem during the rainy season. However, to be frank, this problem should have been obvious the minute you bought this house or had it built.
Q. As I was walking in my neighborhood with my two little dogs on a leash, a large dog came out of a front yard and attacked my dogs. While I tried to protect my animals, the black bit me on the leg. One of my dogs had a huge gash on its hip and my other dog managed to get loose and ran away. He came home after spending 24 hours in the rain and developed a bad cough. I went by the house where the dog lives, but there’s never anyone there. What can I do?
A. You need to call the Department of Animal Regulation and make a complaint. They will investigate. However, in order to get reimbursed for your bit and the veterinary care of your animals, you need to find out who owns the house and who owns the dob. That person is liable for your damages. The law is very clear in that dogs must be restrained and if someone is injured by a loose dog, its owner is strictly liable.
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. Our house sits in the middle of a small valley formation which has a caused us substantial problems with all the rain we’ve had. The runoff comes right to our back door. I dug a canal leading from the top of our backyard all the way to one side of my property, on the line between my neighbor’s property and ours. Since our entire property is on an incline going down toward the road, I figured the water will just go straight down to the road and keep going down the hill. My neighbor informed me that the water runoff is now coming straight at his house and he is very angry. What do we do?
A. By digging a canal to let the water runoff go to the side of your property instead of right at your house, you have created a monster. First of all, your house was obviously built in the wrong place. Second, you cannot divert your problem to your neighbor. Although I am not a builder, you should continue digging the canal all the way to the road. A soon as the weather permits, you should install “French gulches” going around both sides of your house all the way to the road. If you have caused damage to your neighbor’s property, you are liable for such damages. If you bought this house from someone else, they should have told you that you would have a big problem during the rainy season. However, to be frank, this problem should have been obvious the minute you bought this house or had it built.
Q. As I was walking in my neighborhood with my two little dogs on a leash, a large dog came out of a front yard and attacked my dogs. While I tried to protect my animals, the black bit me on the leg. One of my dogs had a huge gash on its hip and my other dog managed to get loose and ran away. He came home after spending 24 hours in the rain and developed a bad cough. I went by the house where the dog lives, but there’s never anyone there. What can I do?
A. You need to call the Department of Animal Regulation and make a complaint. They will investigate. However, in order to get reimbursed for your bit and the veterinary care of your animals, you need to find out who owns the house and who owns the dob. That person is liable for your damages. The law is very clear in that dogs must be restrained and if someone is injured by a loose dog, its owner is strictly liable.
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