Animal Law – What is it? 

 

Animal law is a field that involves nearly every aspect of law. In the past few decades animals, particularly pets, have increasingly been given more protection under the law and are being recognized as something more than just mere possessions. Where, in the past, many claims involving animals were considered frivolous and could not have been pursued, there are now even cases of custody disputes that are heard in courts in divorces or even in cases where people who were living together have broken up. As people increasingly are treating their pets like members of their families, they are creating provisions in their wills and trusts for the continued care of animals that outlive them. The most famous case is probably that of Leona Helmsley who left millions in trust for the care of her pet dog. 

 

Although animals are still considered “property” under the law, cases of animal abuse and neglect are taken more seriously now than they have been in the past. All but a handful of states have felony animal abuse statutes and all 50 states have made dog fighting a felony.  Police and prosecutors have begun to take notice of the correlation between animal abuse and domestic violence; they very often go hand in hand. 

 

Laws have also been enacted, most notably in California, that establish minimum standards of care for animals in public and private shelters. Those laws, enacted in 1998, require that shelter animals be treated humanely, be provided adequate food, water, and shelter, and that they be held for a minimum period of time prior to euthanasia. The intent of the laws is to promote alternatives to euthanasia while also improving the living conditions for shelter animals. As a result, the lives of many shelter animals have been extended and have improved. However, there are still shelters that fail to treat animals well and violate many laws with regard to the animals in their care. That too is changing as more people realize that there are legal solutions to the problem. A few counties and cities in California have been challenged in court in recent years for their poor treatment of shelter animals.