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Legal Question: Who Is Liable?
My Brother owns a dog breeding Business Golden Retrievers and Blue somethings, today he let out a female golden and a blue pup to run around the yard and ten minutes later when they did not respond to his yells and whistle as they always do he went for a walk to find them and about 20 feet behind his house where his kids play and were sledding yesterday his dogs were hanging dead from a tree with there heads caught in traps these dogs were family pets he has 5 heart broken children he confronted his neighbor he said his sons were trapping and had permission from my brothers landlord to hunt on his property and my brother confirmed this to be true my brothers neighbors wife said nobody had hunted or trapped anything and she didn't know what they were talking about after her husband already said his sons were trapping on that property with permission. So the question is can my brother hold his neighbors responsible in the death of his two Beautiful award winning money making dogs even though his landlord gave them permission to trap on the property he rents? serious answers only please I have told him to call the police and get a lawyer he doesn't think he can since his landlord gave permission, What do you think?
Can he hold his landlord liable?
He was not aware of anyone having permission to hunt the property this year its a 2000 acre farm/swamp/wooded land in Iowa that he rents a home on and has for several years and prior to now is always told if anyone has permission to hunt and he keeps his dogs to more confined spaces but yeah its horrible and very sad his kids are 10, 9, 7, 5 and 4 the 5 year old turned 5 today this was his present I feel so bad for them. I hate Irresponsible hunters.
6 Answers
- daniel pLv 41 decade agoFavorite Answer
yes- because traps should not be around a residential abode-they can put traps in the woods but not a dwelling(especially without contacting and getting approval from the residents at that dwelling(landlord permission or not)-their traps may be illegal too-most trappers use cage traps or the regular "bear trap" stlye traps in a smaller size-i dont belive a trap that snaps and drags any animal up a tree is legal-call your local game warden and if he agrees start the litigation process against the neighbor ;)
btw-see what they were traping-then see if that particular animal was in season to trap and see if they had a legitimate trappers licence
let me extend my answer......landlord may not be at fault-the neighbors asked if they can trap and im sure he agreed on that much acreage-i bet it was a simple question just like that("hey landlord can i trap some animals?" (landlord)"yeah go ahead")i bet the landlord had no intention of letting them trap right behind a residence-thus he probably figured on that much land your bros neighbors would go out ito the acreage and trap(but he might be dening it because pets have died-i bet he had an honest thought that it would be ok on that much land and nothing bad would happen,but seems like the neighbor made it into a dumb situation instead of goin into the woods like you should)-did the neighbors have anything against the dogs?(did they bark at night?crap in their yard? go after their animals?)these are definatly thinks to think about and consider for a lawsuit-next step figure out some concrete evidence-like mentioned before; were they legal to trap what they said they were trapping? why were the traps behind the house without your bro knowing? did they have a reason to hate the dogs at all? that will all hold up in court if you have evidence they are at fault
- Anonymous1 decade ago
If you were renting a house and the landlord gave permission for someone you did not know to enter the house and store their stuff in the living room, would you have a case?
If you are renting the property, then the landlord violated the contract with you.
If one of the children had been found hanging from the tree would this question have ever been asked?
Call the police and get the complaint on record.
Review the lease.
You can absolutely hold someone liable. Whether or not it is the landlord depends on what the lease says, but I would guess the lease was violated.
- KELLILv 41 decade ago
It seems to me like the landlord would be liable because he didn't tell your brother that he told those guys they could trap on the property...if your brother had know then he wouldn't have let the dogs out. It's not the neighbor's fault because they had permission from the landlord to be there but they're not the property owners so it shouldn't be their responsibility to tell your brother.
- Anonymous1 decade ago
I don't think the landlord can give permission to your brothers neighbor to trap on land rented by him. If the land that they were murdered on is not rented by your brother, that may be a different case. The landlord should be held liable in any case because he did not notify your brother that he had given the neighbor permission to set traps that could potentially harm his animals. Blue Healers are very po
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- innocent annieLv 71 decade ago
it depends on a couple of things..are traps as you describe legal to set in the state where you live?
i would contact a DNR officer and find out if these traps are legal or look into the laws in your state..
i would tell them to contact the police and possibly an attorney for the untimely and horrible demise of these poor dogs..
for the fact that they were domesticated animals, family pets is enough to file a lawsuit (it doesnt matter how much money the dog is worth or what he/she can make for the owner)..they are pets and shouldnt have to die like that..
if there are legal grounds for a lawsuit it wouldnt b against the landowner..it would b against the ones that set the traps..
- Anonymous1 decade ago
that is horrible! Terrible! We had a shar pie shot on our property because someone thought she was a pit bull so we were able to press charges. But that was a long time ago and with it being rented property i would think that he could be being why would you allow hunting and traping with children on the same property and not even tell the parents? Sounds strange to me!