Euthanized PA Stray Dog Turns Out to Have an Owner
A now-fired employee of the Society for the Prevention of Cruelty to Animals in Adams County, PA was found by the manager of that division of the SPCA to have not followed proper procedure when opting for euthanasia of a captured stray dog. The dog was then found to have actually been a lost dog, putting the department at risk of being sued.
The shelter is required by law to wait two days before putting a dog to sleep unless except in rare cases with qualifying circumstances, such as if the dog is judged to be a public health danger or if the dog is suffering so much that it is deemed cruel to wait even the 48 hours. However, none of these conditions appear to have been involved in this case.
Responsibilities of Animal Shelters and Kennels
An animal shelter is required to take all reasonable measures to ensure that a dog has no owner before administering euthanasia and must wait a full two days before putting even a stray dog to sleep. This requirement still applies even in cases in which a dog was seized from the owner on legal grounds. A veterinarian must first examine a dog to be put to sleep and make a full report showing euthanasia is the best option before it can be legally applied.
Any dog left at a kennel must be taken care of with all propriety, and any harm done to the dog by abusive or negligent actions could lead to liability. If a kennel owner puts to sleep a dog in his care, except in very extreme exceptional circumstances, he will become liable if he did not notify you and obtain your permission first.
Lost and Found Dogs
If a person finds a lost dog and accepts it into his care, he is then required to take all reasonable action to keep the dog in good health but the owner must reimburse him for all expenses before he will be able to reclaim possession of the lost dog. A dog that is harmed or killed by a finder can trigger a lawsuit to collect damages for such actions. Even while lost, the dog remains the property of the owner until a years-long statute of limitation runs out.
Abandoned Dogs
It is illegal in Pennsylvania to abandon one's dog, but forfeiture of ownership still occurs when a person commits this act. A found dog previously abandoned can be claimed by the finder.
Dangerous Dogs
If a dog is killed while in the process of attacking a pet or a human being, no damages may be collected for the loss of the animal. Rabid and other dangerous dogs may also be killed for the protection of the community without fear of repercussion.
Legal Help for Owners of Mistreated Dogs
If your dog was euthanized or mistreated in an animal shelter or kennel, an experienced dog lawyer can help you to win your case. If your dog has been taken possession of by a finder who will not return it to you, a professional lawyer can assist you in re-acquiring your animal either before or after the trial, depending on the particulars of the case. If your dog was hurt or killed by a person who found it after it went astray, you have legal options to seek damages for the loss of your pet.
