I recently wrote an article about canine dental health; it will appear in the April issue of WDJ. I discussed the need to examine your dog’s teeth on a regular basis, and to keep them clean and healthy. Tartar-encrusted teeth lead to gum infections which lead to systemic infections that severely affect the heart, liver, and kidneys.
If you are lucky, your dog’s teeth stay white and healthy with absolutely no help from you at all; my previous dog, a Border Collie named Rupert, had perfect teeth throughout his lifetime with zero maintenance. In contrast was the long-haired Chihuahua Mokie, who used to be my sister Sue’s dog, stayed with me for four or five years, and has been living with my sister Pam for many years since then. He has to have his teeth cleaned at the vet’s every two or three years.
Writing the article inspired me to do what I’ve advised WDJ’s readers to do: to take the opportunity to thoroughly examine my dogs’ teeth.
Apparently, my luck ran out with Rupert. Otto is only about 4 ½ years old, but his teeth already have a little tartar on them. I need to start brushing his teeth; if I get right on it, I may be able to prevent the need for a professional cleaning for another year or so. I also looked at Tito’s teeth for the first time; he needs a cleaning ASAP, darn it. The first thing that popped into my head was the old line from the Pink Panther movie (Peter Sellars, not Steve Martin), “But it is not my dog!” But whether he’s our dog or not doesn’t matter: he’s living here indefinitely, and his teeth (like many Chihuahua and other tiny dogs with crowded mouths) are already (at age 5) very encrusted with tartar – to the point where his gums are inflamed. I’ll be calling around to price the procedure at various vets; this is one procedure where you will find a particularly wide range of prices.
The purity of your pet’s drinking water is a serious consideration. In his book Pet Allergies, Alfred Plechner lists contaminated drinking water as a common cause of health problems. The simple act of replacing tap water with distilled, bottled or filtered water can bring surprising, dramatic improvements.
Water is the only thing to which your pet should have unlimited access. Animals know when they’re thirsty and they should have free access to clean containers of pure, healthy water.
Municipal water contamination has become a national concern now that chemical pesticides, fertilizers, industrial solvents, road salt, bacteria, parasites and heavy metals have found their way into kitchen faucets. Whatever you can do to improve your drinking water is worth the effort. Your own health as well as your pet’s health will improve.
Excerpted from long-time Whole Dog Journal contributor CJ Puotinen’s incredible resource, The Encyclopedia of Natural Pet Care. This 500+ page volume is everything you need to know to ensure good health and long life for your dog.
I don’t know how this could have escaped my consciousness – probably because I don’t own a puppy – but I just learned that the veterinarians in my area (including several neighboring towns) routinely tell puppy owners not to take the puppy anywhere for the first six months. ANYWHERE, including puppy kindergarten classes, to friends’ homes, or for walks in their neighborhoods. Never mind the fact that so many dogs die as a result of being euthanized in shelters due to behavior problems traceable to a lack of training and socializing – let’s keep advising dog owners to carry on with the same practices that lead to those behavior problems, as long as we keep them safe from parvo and distemper. Argh!
Of course parvo and distemper and other communicable diseases are a threat to the health of every unvaccinated or not yet completely vaccinated puppy. But I’d bet my house that the number of dogs who are surrendered to shelters and euthanized in shelters far, far exceeds the number that die as a result of parvo, distemper, AND every other communicable disease.
It gets worse! When I blustered about this to a friend, she told me that this “keep the puppy at home until he’s had all his shots and is six months old” advice is repeated by the folks at the front counter at our local shelters, too – including the shelter where I volunteer. I’d think that shelter staffers who receive animals daily at a shelter would know better, what with owner after owner bringing adolescent dogs to the shelter for surrender while saying, ”He’s just gotten to be too much for us…He jumps up, he’s rough with the kids, he growls at strangers, he goes crazy when he sees another dog on leash…”
I’m not saying we should take every puppy everywhere. While we’re in the process of immunizing them against communicable disease in a series of repeated vaccinations, we have to show some discretion. Don’t take puppies to dog parks or trails where dozens of dogs are walked daily – but do take them to the homes of friends whose dogs are healthy and well cared-for. It can be difficult in cities where there are LOTS of dogs in every neighborhood (and peeing on every tree and hydrant), but try to find less-trafficked places to walk them. And above all, find a trainer who offers puppy socialization sessions and puppy training classes (and screens the participants for vaccinations and practices good sanitation) and enroll for as much as you can afford!
I’ll be rounding up every speck of literature that supports these recommendations and providing them in some form to first, my shelter staffers, and then the local vets. I’d be grateful for suggestions for any resources you’re aware of.
Everyone who knows me well knows my running gag about puppies. When I see an adorable roly poly irresistible puppy, I say scathingly, “Oh, a puppy. I hate puppies. Who likes puppies? Nobody.”
Of course, by the time my final line is delivered, I’m mauling the puppy affectionately. I actually love puppies. Who wouldn’t? The breath, the paws, the widdle noses?
But neither do I want one. Maybe ever. And a recent puppy-sitting stint, for all of two or three hours, stiffened my resolve. I promised my fellow shelter-volunteer and friend that I would care for her foster-pup, a four-month-old brother to the older, adolescent pup I’m fostering, while she ran some errands the other day — and I was exhausted by the time she came back. The foster pups are Cattle Dog-mixes, and the little one was super energetic and barky (the one I’m fostering is much more shy and withdrawn, i.e., quiet!). He barked at Tito, the growly Chihuahua; he barked at a Blue Jay, squawking outside; he barked at the microwave’s “finished” tone; he barked at Otto, who was as unamused as me. I kept offering him toys to chew – in order to fill that barky little mouth, but then the toy would roll under the couch and he’d bark at that.
He also wanted to chew everything in sight. My office is dog-friendly – but not puppy-proofed. I’ve got power cords, important mail, cardboard boxes full of products . . . just oodles of things I don’t want chewed, all over my office. The adult dogs are happy with chews and dog toys; puppies have to put their mouths on everything.
And then there is the potty-training anxiety. Does he have to go? Why did he just get up? Let’s go outside, everyone, even though we all just got settled down again. Let’s go outside and bark at the birds and not potty, because it turns out we’re in need of relief of boredom, not needing relief from a full bladder. How do you get anything done?
Puppies have their place, and of course, they grow into dogs and I love them. But I’m very happy with my adult dogs – and even the wild adolescents. My puppy days are well behind me.
How about you? Is your next dog going to be a puppy?
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I’ve been thinking about how, when it comes to our spare time, we all find different things to become involved with – different causes grab us for different reasons. Some people get into local, state, or national politics, due to strong feelings about abortion, or gay marriage, or the treatment of our soldiers. Some people volunteer with charitable groups after being affected by cancer, heart disease, diabetes, drug addiction. Even us dog people find widely disparate causes to occupy our spare time and dollars. I have one good friend who volunteers annually for animal rescue organizations in Asia; another who devoted years to a breed rescue; and still another whose mission in life is to shut down or improve conditions in puppy mills.
I’ve found myself being strongly affected by the plight of unwanted animals in my community, and wracking my brain to find ways to improve the dog adoption rate at my local shelter; that’s my cause. Of course, there are also plenty of “cat people” volunteering at the shelter. But even among the people who volunteer at my shelter and who share an interest in dogs in particular — we all get “grabbed” by different individual animals and their stories. One person is trying to improve the reputation of pit bulls in society and concentrates on training the pits and pit-mixes. Another person is drawn to the many Chihuahuas and Chihuahua-mixes, and has a knack for finding the unique traits that distinguish one tiny dog from the next.
This past week, I’ve been working closely with a friend, who, like me, has a soft spot in her heart for those “soft,” shy, or under-socialized Border Collie, Australian Shepherd, and cattle dog-mixes. The county animal control officers recently brought in a little family of three cattle dogs: a friendly and pettable (and pregnant) mom, a 4-month-old blue pup who wagged his tail at people but was otherwise untouchable, and a 9-month-old pup who is a ringer for the mama dog, but terrified of being near humans. And different dogs in this group of three grabbed the hearts of my friend and me. She was strongly attracted to the blue puppy from the start, and after spending hours at the shelter getting him to accept a collar and handling and veterinary attention (vaccination, deworming, flea treatment), she took him home for a week or two to teach him the ways of life in a human habitation. I brought the mom dog to my house for the long weekend, so she could recover from her spay surgery in comfort. But I’m totally itching to literally get my hands on the worst-case pup, who, without a major behavioral intervention, would surely be slated for euthanasia. Why? Why bother with that hard luck case and not this other one? I don’t know – but it’s fascinating to me.
There’s nothing like a good dog-pack hike to give our canine companions an opportunity to have fun with their peers and run themselves into a happy state of exhaustion – provided there are no bullies in the group. Just like human bullies on a school playground, canine bullies take the fun out of the game, put everyone on edge, and bring to the party a real risk of physical as well as psychological damage. A dog who is bullied, especially at a young age, can quickly develop a negative association with other dogs and become defensively aggressive as a result.
My love affair with group dog hikes goes back to my days working at the Marin Humane Society in California. Employees were allowed to bring dogs to work with them, and many a lunch hour found several of us hiking together. I don’t recall incidents of bullying from those days, perhaps because our dogs were well socialized from their “go-to-work” privileges, perhaps due to selective memory, or perhaps because of my blissful relative ignorance of canine behavior in those early days. But bullying is a very real possibility anytime a group of dogs gets together – at dog parks, daycare, at organized or impromptu play sessions, or when multiple dogs live together in the same household.
I recently invited all our Peaceable Paws trainers to come for a dog-pack hike on our 80-acre campus in conjunction with one of our occasional trainer meetings. We hike before our meetings so our four-legged pals are too tired to pester us while we plan future Peaceable Paws events and debrief past ones. As you might expect, the canine participants in this group were varied and enthusiastic, including a German Shepherd/Rottweiler-mix, an American Pit Bull Terrier, a pair of Dachshunds, a hound-mix, a Labrador Retriever, a Border Collie, a Miniature Pinscher, and two of my own dogs: Lucy the Cardigan Welsh Corgi and Missy the Australian Shepherd.
Much as I love a good group hike, I was dismayed when, throughout the hike, Lucy demonstrated a strong penchant for bullying Belle, the very soft, extremely appeasing Border Collie belonging to Peaceable Paws trainer Beth Joy.
Bullying – an inappropriate canine behavior – is often misidentified as “dominance.” Much has been said lately in the dog world about dominance, but the short version of the discussion is that, while dominance is a correct term for a very narrow selection of appropriate social behaviors, it is not a correct term for a wide range of inappropriate social behaviors that include bullying and aggression. (See “Alpha Schmalpha,” WDJ December 2011.)
Although the “bully” term isn’t found in most behavior literature, in her excellent book, Fight!, trainer and author Jean Donaldson defines bullying dogs – not to be confused with “Pit Bull-type dogs” – as those dogs for whom “roughness and harassment of non-consenting dogs is quite obviously reinforcing.” Like the human bully on the school playground, the bully dog gets a kick out of tormenting less-assertive members of his playgroup. Donaldson says, “They engage at it full tilt, with escalating frequency, and almost always direct it at designated target dogs.” Target dogs are most likely to be those who, like Belle, are non-assertive and quickly offer exaggerated appeasement signals. Appeasement signals are meant to cut off another dog’s overly assertive behavior, but with bullies, it just seems to egg on the bullying behavior.
Like all behavior, bullying is a combination of genetics and environment. A dog who becomes a bully is born with a genetic predisposition to be reinforced by another dog’s appeasing response to his socially overbearing behavior, just as a Border Collie finds it reinforcing to chase things that move, or a Lab is reinforced by holding things in his mouth.
If a pup or a young dog has an opportunity to test a bully behavior strategy on another pup or dog who offers a satisfyingly appeasing response, the behavior has been reinforced and the bully-to-be is more likely to attempt the behavior again, perhaps more forcefully (inappropriately) the next time. If, however, his early attempts at bullying are ignored, or squashed by a more assertive response from his intended targets, the bully behavior may never develop. Hence, bullying, like other undesirable behaviors, is easiest to modify early on, before the dog has a long and strong reinforcement history for the behavior.
Playing v. Bullying It can be difficult for some owners to differentiate between appropriate rough play and bullying. Some may think that perfectly acceptable play behavior is bullying because it involves growling, biting, and apparently pinning the playmate to the ground. Appropriate play can, in fact, look and sound quite ferocious. The difference is in the response of the playmate.
If both dogs appear to be having a good time and no one’s getting hurt, it’s usually fine to allow the play to continue. Thwarting your dog’s need to play by stopping him every time he engages another dog in rough-but-mutually-agreeable play, can lead to other behavior problems, including aggression, from the frustration of not being able to fulfill his desire for social interaction.
I recently saw a couple for a private consult who had added a third dog to their happy family, and now everyone was miserable. The wife was stressed because she thought the dogs were playing too roughly; the husband was stressed because he thought the dogs should be allowed to play together; the senior dog (10 years old) was stressed because he didn’t like the new young upstart (1 year old) playing with his canine pal (5 years old); and the two younger dogs were stressed because they weren’t being allowed to play together.
I watched the two younger dogs interact while the husband restrained the elder to keep him out of the mix. Their play was lovely to watch. Rough, yes, with lots of “chew-face,” growling, and body-slamming, but perfectly appropriate. Both dogs were fully engaged in play, and each, when given the opportunity, chose to come back and re-engage. After a full 90 minutes of non-stop play, they finally ended the session of their own accord and lay happily panting on the floor, at which point the senior dog, who was indeed very tense about the high-energy play session, was also able to relax. So was the wife.
I reassured the couple that there was no bullying happening here, and that they were fortunate the two younger dogs would be able to play together regularly. What a great way to provide exercise for the young, energetic dogs! Over time, the intensity of their play would likely diminish somewhat, as they were allowed to “get it out of their system.” A bigger challenge was the senior dog. They would need to remove him from the play area when the other two were playing, and/or implement a behavior modification counter-conditioning program to help the elder dog become comfortable with the younger dogs’ play.
Modifying Bully Behavior If you do have a dog who is bullying others, you may be able to successfully modify the behavior, especially if you start young. If not, you will need to always manage his behavior by selecting playmates for him who don’t fall into the “target” category. Successful modification of bullying behavior requires:
1. Skilled application of intervention tools and techniques: Use leashes, long lines, “no-reward markers” (NRMs), and time-outs to prevent and remove reinforcement for inappropriate play behavior.
2. Excellent timing of intervention: Prompt application of NRMs and time-outs will let your dog know exactly what behavior makes the fun stop.
3. Reinforcement for appropriate behavior: Allow play to continue or resume when the bullying dog is calm and can play nice.
4. Selection of appropriate play partners: Dogs who are not intimidated or traumatized by bullying behavior, and who don’t take offense by fighting back, may be appropriate playmates for bullies.
The most appropriate human intervention for bullying is the use of negative punishment, in which the dog’s behavior makes a good thing go away. Negative punishment, in this case a time-out, works best for bullying behavior in conjunction with a “no-reward maker” (NRM) or “punishment” marker.
The opposite of the clicker (or other reward marker, such as the word “Yes!”), the NRM tells the dog, “That behavior made the good stuff go away!” With bullying, the good stuff is the opportunity to play with the other dog. Just as the clicker or other reward marker always means a treat is coming, the NRM always means the good stuff goes away; it’s not to be used repeatedly as a threat or warning!
My preferred NRM, the one I teach and use if/when necessary, is the word “Oops!” rather than the word “No!” The word “No!” is often used by dog owners to deliberately shut down behavior. It’s also usually delivered firmly or harshly – and unfortunately, often followed by physical punishment. In contrast, “Oops!” simply means, “You made a wrong behavior choice; the good stuff is going away.” Deliver your NRM in a cheerful or neutral, non-punitive tone of voice; your intent is not to intimidate your dog with the no-reward marker. Thus my choice of “Oops!” – it’s almost impossible to say the word harshly. Try it!
Timing is just as important with your NRM as it is with your reward marker. It says, “Whatever you were doing the exact instant you heard the ‘Oops!’ is what earned the time-out.” You’ll use it the instant your dog starts bullying. Then grasp his leash or drag-line (a long, light line attached to his collar) and calmly remove him from play. Don’t repeat the NRM. Give him at least 20 seconds to calm down, more if he needs it, then release him to go play again. If several time-outs don’t dampen the behavior even slightly, make them longer and make sure he’s calm prior to returning to play. If a half-dozen time-outs have absolutely no effect, end the play session for the day. If the NRM does stop the bullying, thank your dog for responding, and allow him to continue playing under direct supervision as his reward.
Another approach to bully modification that is sometimes effective requires access to an appropriate “neutral dog” who is confident enough to withstand the bully’s assault without being traumatized or responding with inappropriate aggression in return. A flash of the pearly whites as a warning is fine. A full-out dogfight is not. It’s important to watch closely during interactions with the bully. Any sign the neutral dog is becoming unduly stressed by the encounters should bring the session to an immediate halt. A neutral dog may be able to modify your bully’s behavior, and have it transfer to other dogs – or not. If not, you may be able to find one or two sturdy, neutral dogs who can be your dog’s play companions, and leave the softer dogs to gentler playpals. Not all dogs get along with all other dogs – and that’s perfectly normal.
Managing My Bully We managed Lucy and Belle on our dog-pack hike by putting a lot of space between them, and by keeping Lucy occupied with chasing a stick (one of her favorite activities). Since Belle was more than happy to keep her distance from Lucy, we only had to body-block Lucy a few times when we saw her zeroing in on her target. The after-hike meeting was without incident; I put Lucy back in the house so Belle could hang out, worry-free, with the rest of the dogs.
Holistic dog care . . . It sounds so trendy, so green, so Whole Foods. But it’s not as cut and dried as it sounds: You don’t just add bottled water and get Andrew Weil. Developing a holistic approach to your dog’s care is a process … a process of self-discovery on your part, leavened with lots of trial and error.
The real meaning of “holistic,” of course, is doing what’s right for your individual dog – and for you, taking into account your circumstances, lifestyle, budget, and beliefs. There is no template to follow, other than: Know your dog – and yourself.
Little more than a decade ago, inspired by a skinny, diarrhea-plagued puppy, I started exploring a new way of feeding my dogs. From there, I shifted my attitudes about vaccination, veterinary care, even training. It didn’t happen overnight: I made plenty of mistakes, and I continue to learn and grow and evolve my approach.
Here are 10 things I learned along the way. A lot of them are common sense, others may sound “woo-woo” if you’re not in a place where you’re receptive. And that’s okay, because the whole point of this journey we’re on is that your mileage can – and should – vary.
1. Get (Many) Tips from Successful Holistic Dog Handlers
I’m not going to compare feeding my first raw doggie meal to having to swallow centipedes on “Fear Factor,” but the undeniable truth is that many people feel trepidation on a Jungian scale when they begin to tinker with their dog’s diet. Many are anxious at just the thought of changing brands – “Will he get diarrhea? What I am I going to do with this $45 bag of food if he does?” – let alone feeding something as “out there” as raw meat. You visualize the microbes crawling all over the dish. You mentally plot your course to the nearest emergency clinic when . . . When what? When the ground opens and your beloved pooch is swallowed up, Hades-style?
The biggest antidote to that hollow-stomached, lung-squeezing sensation of not knowing if you are doing the right thing is finding people who have done it – successfully. In this, the Internet is a great place to find kindred spirits. They’ve been there, done that. Their experiences can reassure you. The biggest problem with turning to such people for comfort is that they’re so accustomed to doing what they’re doing that it’s now second nature – they don’t see it as any big deal. But it is a big deal to you, and having someone to talk to and compare notes with often makes the difference between plucking up your courage and blazing forward – or just abandoning ship and continuing with what hasn’t worked.
2. Don’t Worry About the What-Ifs
All this isn’t to say that any “holistic” course that you take – whether it’s raw feeding or minimal vaccination or “alternative” therapies, from Chinese medicine to chiropractic – is entirely safe. Everything comes with a degree of risk, including that bag of kibble, that syringe of attenuated live virus, that dose of prednisone.
We have no idea what tomorrow brings, and worrying about it is not only a waste of time, but – some would argue – only serves to roll out the welcome mat. I suppose when I walk down the street in Manhattan, a piano could fall on me. That doesn’t mean the risk of falling pianos outweighs the rewards of catching a Broadway show.
The doggie equivalent of 42nd Street is a walk in the woods. I know of dogs who have literally impaled themselves on sticks in their gorgeous frolicking abandon that is a wild race through a crunchy-leafed trail. This doesn’t mean that you never walk in the woods together, or that you do a stick sweep of the area. It just means you balance the risk with the reward of a gorgeous day out getting exercise and stimulation, and you decide accordingly. (And if your dog does impale herself, as counterintuitive as it sounds, don’t remove the stick. Just get her to a vet – any kind of vet.)
It’s easy to say, “Don’t get overwhelmed with the ‘what ifs'” – especially if, as luck would have it, a “what if” has actually happened to you before. But when making any important decisions in life, your mind has to be clear. And obsessing over what could go wrong – as opposed to weighing risks calmly and rationally – dooms you to failure before you even start. In order to successfully make a decision about your dog’s care, it has to feel good to you. Find a way to make that happen – which, for many, sounds easier than it actually is.
3. Pick 1 Holistic Dog Care Practice to Start
The great thing about complementary and alternative medicine is that there are so many options, so many different healing traditions available. That’s also the most frustrating thing: How do you know what route to choose? What’s the best way to treat your dog’s problem? Homepathy? Flower essences? Essential oils? Acupuncture? Kinesiology? I can’t even spell it, much less wrap my brain around it.
In this, research can take you only so far. If you’ve narrowed your search down to a few modalities that keep coming up over and over again, just pick one. Maybe you’ve heard about a local veterinarian who specializes in one particular modality. Maybe you have a friend who had great success using another. (See revelation #1.) Maybe – and I don’t diminish the power of this for one moment – one just “feels” right. Whatever your rationale, as those sneaker commercials exhort: Just do it.
Sometimes, of course, things don’t work out. When one of my dogs developed an ear hematoma, I researched how best to treat the growing, sausage-sized, blood-filled lump on his ear. I came across very few holistic options, and none of the conventional treatments – surgery to “quilt” the ear, cannula implants to drain the fluid – sounded appealing.
“Acupuncture!” I thought, and I made an appointment with a vet whose success with Chinese medicine I had long heard about. But during our consult, I was made to understand why acupuncture didn’t come up as an option for these annoying blood blisters of the ear: It doesn’t work on them. “Chinese medicine is not good for everything,” the vet shrugged. Lesson learned.
Blitz’s ear eventually did heal, as wizened and cauliflowered as any old prize fighter’s. But that visit was not a waste of time or money: It established a relationship between me and that vet, and taught me the limits of his modality. Today, 12-year-old Diva and I are regulars, and the vet’s herbal formulations are doing wonders for her degenerative disc disease. Trial and error – and all I ask is that I learn something from the error.
4. Keep a Dog Journal
In these Facebooking times, it seems that every meal we eat, every television show we watch, every speck of minutia in our daily lives is broadcast to the world. But you’re only as good as your last post or share, and sometimes, in the flood of all that information, and the relentless scroll of the News Feed, the most important thing is lost: continuity and context.
Holistic veterinarian Christina Chambreau has a great idea that too few owners follow: Keep a journal for each of your dogs. You don’t have to write in it religiously, but make a notation of things that may seem different or noteworthy: increased water consumption, changes in coat color or texture, seemingly minor health issues like a passing ear infection, sleeping later than usual, eating more ravenously, unusual discharge (from any of a number of places!), an odd odor (my son maintains that one of my Ridgebacks smells like pancakes, which may not be journal-worthy, but I still like hearing it).
Those little scraps of information – impressions, mostly – are fleeting and seemingly insignificant on a day-to-day basis, but taken as a whole they can illuminate patterns that can help in managing your dog’s health. For example, my dogs’ journals showed that bleeding ear tips – and by extension that annoying hematoma – happen mostly in winter. Turned out our toasty house was drying out the dogs’ skin, which made them more itchy, which made them shake more, which increased the likelihood they’d whack a flapjack ear on a table corner. The solution? A pan of water on the radiator in each room.
5. Prevention is the Best Medicine
Most alternative healing modalities believe that disease is a manifestation of deeper imbalances. Rather than treat the symptoms you must go deeper and bring things into equilibrium.
The easiest thing to do, of course, is to make sure that the imbalance doesn’t occur to begin with. That requires a strong, clean foundation: good food, good water, adequate exercise, mental stimulation, and a safe, toxin-free environment.
That last requirement was missing with a dog I bred. He was naturally reared, raw-fed, and minimally vaccinated, but since puppyhood, he was beset with all kinds of allergic reactions – red ear flaps, rashes on his undersides, puffy eye rims. He had every test under the sun, hypoallergenic diets, and nothing worked.
The dog lived in a rented house on a canal that had been flooded multiple times, and instinctively I thought: mold. When a new puppy arrived on the scene (from a different litter) she too started getting itchy and scratchy.
The family moved – far from the water this time – and at last report, the itchiness was receding. Good news not just for the dog, but his family as well: Dogs are our sentinels, and what unbalances their bodies and their health is a risk to ours, too.
6. Does the Vet Stay in the Picture?
In a perfect world, you and your vet would be one – cue babbling brook and clinking wind chimes – when it comes to your dog’s holistic care. If you have a relationship of respect and equality, any differences of opinion are more than surmountable.
But personality conflicts sometimes can create havoc with this relationship, all the more so if your conventional vet is unfamiliar with or suspicious of alternative modalities.
A common first reaction – especially if you encounter resistance – is to think about just leaving your vet, but sometimes you’re better off with the devil you know: There may not be a holistic vet nearby, and you may not click with him or her, either. Some holistic vets do not provide “nuts and bolts” holistic dog care, but rather operate more of a specialty-based practice. And remember that geography doesn’t have to be an issue: You can supplement your conventional vet’s knowledge with a phone consultation with a more holistic-minded practitioner.
I’ve found that a two-prong approach works best in having your dog treated holistically by a conventionally minded vet: You need to have respect and regard for your veterinarian’s expertise, and you need to become educated about the approach you are advocating.
Part of having respect for the veterinarian is making her aware of what treatments you are pursuing outside of her office – nobody likes surprises. And becoming educated about holistic medicine means acknowledging the risks as well as the advantages. If you want to follow a less aggressive vaccine protocol, for example, tell the vet up front that you are aware there is a risk of not vaccinating for X, but here is your rationale for why the pros do not outweigh the cons. Remember that vets are human, too, and direct experience often informs their reactions: Treating just one case of parvo can make a vet super-sensitive about vaccinating lightly against the disease; being blamed by clients when things go wrong is another reason for a reflexive reluctance to try new things.
To put it bluntly, often what you are up against is the combined stupidity of all your vets’ other clients, those who can’t or won’t follow directions, screw up even the most basic instructions, and are quick to blame everyone else when things don’t go just right. There aren’t enough people willing to do the research and go the extra mile to provide the kind of care you are advocating for your dog. When your vet realizes that, chances are you’ll see a change of attitude, too.
7. Do What You Can
It’s the height of irony that while a holistic approach is supposed to be about doing what’s best for the individual dog – and the human who is charged to care for him – that so much criticism can be leveled for not “doing it right.”
But holism isn’t an all-or-nothing approach: Even if you’re limited by what you can do, that doesn’t mean you do nothing at all. Feel good about what you can do; don’t focus on what you can’t do.
For example, I’d be lying if I said that I thought raw feeding wasn’t the best way to feed most dogs: It’s natural, bioavailable, and species-appropriate. I’ve seen a difference not only between dogs fed kibble and those that are raw fed, but also between dogs that have their food cooked as opposed to fed raw. Raw, in my experience, always comes out ahead, hands down.
But that doesn’t mean everyone is in a position to feed this way. Budget and supply come into play. Maybe there are infants or immune-compromised individuals in the household. Maybe someone just isn’t ready to take the leap.
Similarly, even if you are an ardent supporter of minimal vaccination, if you live in a microclimate where, say, lepto-spirosis is circulating, you might opt to protect your dog against that disease, despite the limitations of the vaccine, its relatively short duration, and concerns about its side effects.
Giving a lepto vaccine doesn’t invalidate your holism any more than feeding a high-quality kibble does. You do the best you can, with the resources you have, at the pinprick of time that you are living in. Don’t let anybody make you feel otherwise.
8. Avoid Extremes in Holism
Our animals, our bodies, our energy fields, crave balance, and that’s what we should strive for in caring for our dogs. On the one hand, be consistent: Give modalities a chance to work. Remember that problems take a while to brew and manifest, and so they can take a spell of time to resolve, too.
At the same time, don’t get stuck in a rut. Changing up every once in a while isn’t just a good idea, it’s a necessity. Rotating food sources, exercise patterns, and herbal supplements is important. As opportunistic omnivores, dogs are biologically programmed for variety. Their bodies crave it, and if we are to develop one habit, it is to remind ourselves in our busy lives to give it to them.
9. Fresh Air, Good Light, the Time and Room to Run Free…
Every time I am tempted to overthink or overdo things, I pick up a copy of Juliette de Bairacli Levy’s The Complete Herbal Handbook for the Dog and Cat, first published in 1955. Long before it became fashionable to feed locally or organically, de Bairacli Levy was there, sharing the wisdom she learned from the Gypsies, Berbers, and Bedouins.
In this day and age, when we expect precise directions and how-tos, her books can seem quaint. But there is powerful wisdom in them, reminders that the less interference we place between our animals and their source energy, the better off they are. De Bairacli Levy is one of the few authors who bothers to talk about the importance of sunshine in rearing healthy dogs. Fresh air, good light, the time and room to run free . . . I am reading The Secret Garden to my children at bedtime, and these are precisely the things that transformed the cranky, coddled twosome in the story, Mary and Colin, into healthy youngsters. They are as crucial as food in that regard. And sometimes we need pragmatists such as de Bairacli Levy to remind us of the basics.
“I pray you who own me, let me continue to live close to Nature,” de Bairacli Levy wrote on behalf of the dogs. “Know that: I love to run beneath the sun, the moon, and the stars; I need to feel the storm winds around me, and the touch of rain, hail, sleet, and snow; I need to splash in streams and brooks, and to swim in ponds, lakes, rivers, and seas; I need to be allowed to retain my kinship with Nature.”
It is no coincidence, I think, that de Bairacli Levy’s line of Turkuman Afghan Hounds was so sought-after, and no mere happenstance that the stock she sent to the United States went on to produce a dynasty of the world’s most beautiful and biggest-winning Afghan Hounds.
10. Believe in Intention
Here we are at number 10, the most diffuse and hardest to grasp of these lessons, because it’s one that you feel your way to.
Early on, a good friend of mine who I consider a wonderful healer told me, “Intention is important.” In other words, wanting to make your dog well is an important part of getting there. I thought that was kind of obvious: Who doesn’t want their dog to get better?
Then I learned more about vibrational medicine, about the power of thoughts and feelings, and about the law of attraction, which created a big buzz a few years ago but which was brought home more powerfully to me in the Abraham work of Esther and Jerry Hicks. (Google them if the names are unfamiliar: The premise behind their work is a little “out there” for many, but make like a buffet, take what you like, and leave the rest.)
Yes, you can want your dog to be well, but that intention can be so clouded and weighed down with worry about things not going right, with visions of worst-case scenarios, with fear and doubt, that it defeats the purpose.
My outcomes are always best when I envision what I want for my dog, let go of any underlying wanting that feels desperate or forced, and just proceed in the moment, not fast-forwarding to dissect any of the what-ifs.
The best way I can describe it is knowing how I want things to be, acknowledging that in the end I have no control over how they actually will be, but deciding that things will work out fine regardless. No more thinking beyond that, which is the tough part.
It’s sort of like watching a movie: I am invested in the outcome, know I want person A to fall for person B, but don’t micromanage my expectation of every scene. In the end, Spielberg never disappoints, anyway – even when the ending is not what I envisioned.
Denise Flaim of Revodana Ridgebacks in Long Island, New York, shares her home with three generations of Ridgebacks, three 8-year-olds, and a very patient husband.
Contained in every puppy’s mouth is a set of amazingly sharp little daggers known as “teeth.” Puppies explore the world with those mouths. Since you are part of your pup’s world, it is inevitable that those sharp little teeth will at some point come in contact with your tender skin during a behavior known as “puppy biting.” It hurts. So what should you do when your puppy bites you, or other family members (including children)? This is a good opportunity to train your puppy not to bite.
1. Keep it friendly. Use negative punishment – your pup’s behavior (biting) makes a good thing (you) go away. Say “Oops!” in a calm, cheerful tone of voice, stand up and turn your back on your pup for several seconds. Then interact with him again. Repeat as often as necessary. (Remember, dogs learn through repetition.) Appropriate play keeps the fun going, inappropriate biting makes the fun stop. Since your pup is all about fun, he’ll learn to inhibit his biting in order to keep you playing.
Ignore old-fashioned suggestions you might hear about holding his mouth closed, pushing his cheek into his mouth so he bites himself, or shoving your fingers down his throat. He’s not challenging your leadership when he bites you. If you respond with violence you risk damaging your relationship and making him become violent. He’s just playing, and doesn’t know his own tooth-power. By the way, yelping like another puppy in pain to communicate in “his” language causes many puppies to get more excited and bite more, not less. I don’t recommend it. Stick with a cheerful “Oops” to get your message across.
2. Tolerate less-painful mouthing. Since puppies put their mouths on everything it may be necessary to tolerate less-painful mouthing and only do your “Oops!” routine for bites that actually hurt. Over time you can shape for softer and softer bites, and finally for no mouthing at all.
3. Let the kids play with the puppy during his quiet times. All pups develop a daily routine – times of day when they are more aroused and bitey, and times when they are less mouthy. Identify the less-mouthy times of your pup’s cycle and have that be the kids’ puppy playtime. For extra insurance, be sure your baby dog has been well exercised before turning him loose on the children. Supervise all child/puppy play so you can intervene if things get out of hand, and make sure to teach your children how to respond properly if your puppy bites them.
4. Direct your pup’s mouth to appropriate bite objects. In a strategic spot in every room, keep a stash of plush toys your pup can sink his teeth into – in place of your arm. Keep a supply of stuffed Kongs in the freezer to occupy his puppy daggers. Try to anticipate his mouthy behavior and offer him a toy before he grabs your sleeve (or your flesh), but don’t hesitate to offer a toy as an alternative even after he’s latched onto you.
A flirt pole is a great toy for you or your children to safely play with your bitey puppy. This is a long, sturdy stick with a rope fastened to the end, and a toy tied to the rope. By moving the toy around you invite the puppy’s interest (and teeth) to engage a safe distance from your body parts. If necessary, you can stash your child safely behind a baby gate, in a playpen or inside a low exercise pen, flirt pole in hand, to keep her safe from wandering puppy teeth. (A good source for this training toy: bestdogkennel.com/product/TR-FP. Note: Ignore this website’s instructions for teaching “Give.” Just trade the toy for a treat.)
5. Teach “Find it!” This one is perfect for the pup who grabs your bathrobe, pant legs, or ankles as you’re walking. Rule #1: Always have treats in your pockets/on your person. Corollary to Rule #1: Have plastic containers filled with small but tasty dog treats in every room of the house (but out of pup’s reach) so you can reload when you’re running low.
As you walk, keep an eye out for puppy ambushes. When your pup approaches you with that “Gotta grab something!” gleam in his eye, toss a treat on the ground a few feet away from you and say “Find it!” Keep tossing “Find it!” treats until you can gain access to a soft toy or other chew object to offer him. Or keep playing “Find it” until he’s too tired to grab you. Mission accomplished.
Remember: It gets better after your pup is six months old and has all his adult teeth. He may still occasionally put his teeth on you, but at least it won’t hurt as much!
Probiotics are beneficial bacteria that live in the digestive tract. There are a variety of different species belonging to genera that include Lactobacillus, Bifidobacterium, Streptococcus, and Enterococcus (often abbreviated by first initial only in names). Some species, such as Lactobacillus, live primarily in the small intestine, while others, such as Bifidobactera, reside in the large intestine (colon).
The Benefits of Probiotics
All dogs can benefit from probiotics, which aid digestion and modulate the immune system. Probiotics produce short-chain fatty acids (SCFAs), which inhibit the growth and activity of harmful bacteria, such as E. coli, Salmonella, and Clostridium perfringens, as well as providing other benefits to the intestines. Human studies have documented the effectiveness of certain strains in treating diarrhea, irritable bowel, and intestinal inflammation (fewer studies have been conducted on dogs). Probiotics may help prevent urinary tract infections, and can even reduce allergic reactions by decreasing intestinal permeability and controlling inflammation.
Species with specific strains known to benefit dogs include Enterococcus faecium (strain SF68) and Bacillus coagulans. Bifidobacterium animalis (strain AHC7) has been shown to reduce the time for acute diarrhea to resolve in dogs. Certain strains of Lactobacillus acidophilus improve frequency and quality of stools in sensitive dogs. Lactobacillus rhamnosus strain GG (LGG) is effective in preventing and treating diarrhea in humans, and may benefit dogs as well. Probiotic products may contain one or several strains.
Cautions: Some probiotic species require refrigeration in order to remain viable; follow label recommendations for storage. It’s questionable how many survive passage through stomach acid into the digestive tract, and whether they then colonize or must be continually replenished.
Many products, particularly those that are not refrigerated, contain fewer live organisms than their labels claim. Freeze-dried probiotics may last longer than refrigerated or other powdered products, especially if the powder is exposed to moisture (such as when the container is opened and closed). Probiotics in commercial foods may not survive processing or storage. Probiotic products should always provide an expiration date.
Dosing Probiotics for Dogs
Probiotics are measured by colony forming units (CFUs). Few studies have been done to determine effective dosages, but these numbers are usually in the hundreds of millions or higher. If probiotics are being used to help with digestion, they should be taken with meals, but otherwise they may survive better if given between meals, particularly if taken with liquid that helps to dilute stomach acid and move them more quickly into the digestive tract (maybe give them after your dog takes a big drink). Probiotics may be given short-term or long-term.
When using products intended for dogs, follow label suggestions for dosage. When using human products, give the full dosage to dogs weighing 40 pounds or more. Reduce the dosage for smaller dogs or if you see loose stools.
Best Probiotics for Dogs:
Examples of canine probiotic formulas that include strains known to benefit dogs:
Several people whose dogs have serious digestive disorders, including small intestinal bacterial overgrowth (SIBO), have told us of success using Primal Defensewith homeostatic soil organisms, made by Garden of Life. Products made for humans can also be given to dogs. Yogurt and kefir with live cultures often contain lactobacillus acidophilus, and sometimes other species as well, but dosages are usually lower than those in supplements.
PROBIOTICS FOR DOGS: OVERVIEW
1. Give your dog a probiotic supplement that offers a variety of strains of beneficial bacteria.
2. Nourish those “good guy” bacteria with a prebiotic supplement.
3. Monitor your dog’s weight, the condition of his coat, his energy level, and the quality of his daily stool for signs that his diet needs to be adjusted in some way. What works well for some dogs may not benefit another dog in other circumstances.
Mary Straus is the owner of DogAware.com. Straus and her Norwich Terrier, Ella, live in the San Francisco Bay Area.
Jennifer L. Amundsen Solheim, Billing & Grimmer, S.C. Madison, WI (608) 282-1200 sbglaw.com facebook.com/dogsavvylawyer
What are the advantages of engaging the services of an attorney with experience in dog-related issues?
Due to his or her familiarity with the issues that are likely to arise, an attorney with experience in dog-related issues may be able to help resolve a dog-related matter in a more efficient (thus, more cost-effective) manner than an attorney without such experience.
How do you suggest people find attorneys with dog-related experience?
Contact your local kennel club; they often publish a directory of service providers in their areas. Alternatively, state bar associations may have an online directory that is searchable by practice area or key word, or a referral service that can help to connect a potential client to a lawyer with relevant experience. Although distance should be taken into account (attorney licensure is handled on a state-by-state basis), relevant experience is important to ensure efficiency, as well as appropriate focus on any dog-specific issues that are a part of the case.
How does your knowledge and/or experience with animal law make the difference for your clients?
When I prepare contracts or estate planning documents for a client, my knowledge and experience with dogs and the dog community allows me to speak the client’s language and ensures that I share the client’s understanding of what is customary within his or her community. It also allows me to anticipate the types of issues that may arise in a given matter and to help the client to be comprehensive in his or her planning.
For example, when preparing an estate plan, I can ask relevant questions that may help a pet owner or breeder communicate the goals he or she hopes to achieve through the planning process, which will almost certainly include protecting pets in the event of the client’s death but can also include other goals such as transferring items related to a breeder’s longstanding breeding program.
Dane E. Johnson Animal Law Office of Dane E. Johnson Portland, OR (800) 714-3204 or (503) 975-8298 OregonAnimalLawAttorney.com AnimalsAttorney.com
What are the advantages of engaging the services of an attorney with experience in dog-related issues?
Cases involving dogs present several important legal issues depending on the practice area. A case of injury caused by a dog bite, for example, requires knowledge of how a canine guardian’s responsibility is regulated under applicable law. A case involving harm or death of a dog, such as an intentional injury or veterinary malpractice, requires knowledge of how the applicable jurisdiction measures a dog’s value for damages purposes. Some states limit a dog’s value to the cost of a replacement animal. Others allow the dog’s guardian to present evidence of its special qualities and characteristics.
Many people consider dogs as family members, but courts and codes still generally define them as nothing more than property. An attorney familiar with the statutes, regulations, and legal precedents establishing the landmarks in dog law should be well equipped to argue for legal treatment of dogs that reflects their real place in our lives.
How do you suggest people find attorneys with dog-related experience?
Animal law is a growing practice area, but attorneys focusing on animal-related legal issues are still relatively few. Some state bar associations have an animal law section and may be able to refer people to lawyers licensed in the relevant jurisdiction who have at least an interest in dog-related matters. Finding a lawyer with significant dog-related experience may be challenging.
Finding an animal law lawyer is not absolutely necessary for a case. An attorney who specializes in personal injuries or injury to property should be able to handle a dog bite or veterinary malpractice case. But the limited potential for recovery of damages in animal cases may mean that a lawyer who does not focus on animal law may be unwilling to consider taking the case unless the client pays a retainer first.
Jennifer A. Dietz, Esq. Animal Law Attorneys, LLC Tampa, FL (813) 789-8029 jenniferdietz.com
What are the advantages of engaging the services of an attorney with experience in dog-related issues?
Advantages: Experience in the areas of tort law, dangerous dog law, negligence issues, preparation of will and trusts for animals, etc.
How do you suggest people find attorneys with dog-related experience?
It is extremely important to find a lawyer with animal law experience, no matter the distance to the client. Experience with the specific laws pertaining to animal law issues is invaluable. The most efficient way to locate an animal law attorney is to google “animal law attorney” or contact the Animal Legal Defense Fund, who will locate an animal law attorney in the area needed. Another method for locating an animal law attorney is to contact the local bar association for your area.
Christine Garcia The Animal Law Office San Francisco, CA (415) 297-3109 animalattorney.com
What are the advantages of engaging the services of an attorney with experience in dog-related issues?
Animal rights attorneys are more familiar with the broader laws/codes – and thus more capable of oral argument on the spot. Animal law expands over at least seven different relevant and applicable statutes and an animal attorney will be ready with relevant rebuttals at argument. Also, most animal attorneys are sensitive to the role of an animal in a home as a family member as opposed to property.
How do you suggest people find attorneys with dog-related experience?
See animal-lawyer.com/html/referrals_.html. Also, I give out referrals nationwide (and a few worldwide). E-mail me for an additional list of attorneys.
How does your knowledge and/or experience with animal law make the difference for your clients?
I am always more experienced than my opposing counsel who does not work in these cases. I often have to educate the court.
You’re out for a walk in the park with Sasha, your 6-month-old German Shepherd, who is a little nervous around small children. Suddenly out of nowhere, a five-year-old girl runs up from behind squealing, “Can I pet your dog?” while grabbing for Sasha’s head. A freaked out Sasha reacts by biting the girl’s arm, and it’s more than just a nip. A frantic scene ensues complete with screeching from both the girl and her parents. You are subsequently sued for significant damages, medical expenses, and pain and suffering. You need a dog lawyer!
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A “dog lawyer,” or more accurately, an animal lawyer or animal law attorney, is an attorney who specializes in matters of animal law. Circumstances in which you may need sound legal advice and representation from someone with extensive experience with dog-related cases are not limited to dog bite incidents. Veterinary malpractice cases, custody issues in divorces, and landlord-tenant disputes are just a few examples of when an animal law attorney can help with legal issues pertaining to your dog.
What is Animal Law? A relatively new and diverse legal specialty, animal law is an umbrella term encompassing all types of non-human animals. Animal law includes animals used in research, sports or entertainment, livestock, animals in the wild and wild animals in captivity, as well as companion animals. Issues in animal law range from contracts to property rights, government regulation, torts, and criminal matters.
In 2000, nine law schools in the U.S. offered courses in animal law. According to the Animal Legal Defense Fund (ALDF), the number offering animal law courses has now increased to 100 of the 200 law schools approved by the American Bar Association. A decade ago, an attorney specializing in animal law might have raised eyebrows. But high profile legal cases in recent years involving dog fighting rings, tainted pet foods, and pet trusts amounting to millions of dollars, in addition to a greater presence of the animal welfare and animal rights movements in the legal arena, have added credibility and legitimacy to this fast emerging area of law.
Part of the reason for the rapid increase in the number of animal lawyers is due to the rise in status of our companion animals and their importance in our lives. Today’s owners often spend thousands of dollars to provide their dogs or cats with the best health care, training, day care, and grooming. For those owners, attorney’s fees are viewed as just another necessary expense in caring for and protecting their pets.
Can’t Any Lawyer Handle This? Anyone licensed to practice law in your state is theoretically qualified to take on almost any legal matter. However, most attorneys develop expertise in one or two areas of law. The law regarding animals is complex and continually changing, with new legislation enacted, new rules and regulations applied, and new interpretations impacting existing statutes. An experienced animal law attorney is more qualified to represent your interests than a general practitioner or an attorney who specializes in other areas.
Many legal matters that may involve your dog don’t have to end up in court. Settling issues to the satisfaction of all parties involved without a court case is always preferable. Using a mediator to facilitate a mutually acceptable resolution may be an option. When resolving issues on your own is unlikely or impossible, the following are services that an animal law attorney can provide:
Veterinary malpractice. Like medical malpractice, veterinary malpractice involves issues of a professional’s competence and judgment. As with medical care for people, sometimes things go terribly wrong. Veterinary malpractice is professional negligence, an error that should not be made based on a level of competence expected of a veterinarian as a result of specialized training and experience, which results in injury or death to your dog.
If you feel an error was made by your veterinarian in treating your pet, an animal law attorney can help you determine if the case is actionable (malpractice) or a case of simple negligence (carelessness) that does not constitute malpractice. Examples of malpractice include misdiagnosis, prescribing inappropriate medication, following the wrong course of treatment, or abandoning treatment.
The lack of significant monetary damages to the owner usually makes veterinary malpractice lawsuits impractical to pursue. If your dog is injured, you can recover only the amount paid for vet services. If your dog dies, most states consider only “market value” of your dog, and you can recover only the amount needed to replace your dog. Even if you win your court case, the cost of pursuing a veterinary malpractice lawsuit will likely exceed the amount you will recover. There have been awards for non-economic damages from negligent veterinarians for emotional distress or loss of companionship, but proposed reforms in state legislatures allowing recovery for these damages are not yet widely accepted. Some states have laws recognizing sentimental value, and some allow owners to sue for mental anguish, but laws are still developing in these areas and are not well defined.
If possible, it is most prudent to settle your matter outside the courtroom. A mediator can help defuse emotions of both parties and assist in working out issues between you and your veterinarian. If your vet carries malpractice insurance, it is possible to reach a settlement with the insurance company without going to court.
Veterinarians are licensed by the state in which they practice, so you can also lodge a complaint with your state licensing agency. After an investigation, the agency may pursue disciplinary action, if appropriate. This may include fines, additional training, suspension, and/or revocation of the veterinarian’s right to practice. Some state veterinary associations have a dispute resolution service, a quicker and less expensive alternative than a court case.
Injury or death. The law also provides for the recovery of damages if your dog is injured or dies because of a deliberate or careless act of someone other than your veterinarian. Dogs have suffered or died due to product defects, tainted food, attacks by another dog, and mistreatment and mishandling by groomers, trainers, dog walkers, kennels, dog sitters, and transport services.
Keep in mind that, as with a veterinary malpractice lawsuit, the monetary damages you may receive in a court case may not even cover the costs of going to court. Working out a settlement is quicker and less expensive. Pet care professionals as well as transport services, including airlines, often have liability insurance. You may be able to reach a settlement directly with the insurance company. Again, a mediator may be helpful in working out issues.
If you do have to go to court, small claims court is probably the best choice. Depending on your state, lawsuits in small claims court are limited to between $3,000 and $10,000. Small claims court offers you the opportunity to resolve your dispute with less complication and at low cost by representing yourself. Most states allow you to be represented by a lawyer if you choose, but hiring a lawyer is not cost efficient in most cases. According to Nolo Press (nolo.com), several studies show that people who represent themselves in small claims cases do as well as those who are represented by a lawyer.
Tenant/landlord disputes. Policies regarding pets are often unclear in leases or homeowners association agreements. Even when polices are clearly spelled out, they may not be uniformly applied or enforced. For example, you may move into an apartment or buy a home where dogs are welcome and later be told that they are not allowed. If you don’t know your legal rights your options are limited to moving out or getting rid of your dog. Try to find a workable solution with your landlord or homeowners association. If not, an animal law attorney will be familiar with any local laws and ordinances regarding pets in rental properties, homeowners association agreements, and state housing and disability laws for people with service dogs.
Contractual disputes and consumer claims. Contractual disputes and consumer claims involve the purchase of animals or products and services related to their care. Fewer than 20 states currently have “Lemon Laws” for dogs, allowing buyers to return an unhealthy dog to the seller (breeder, broker, or pet store) for another dog or a refund. Several of these states require the seller to provide the consumer with written notice of their rights under the law.
Other examples of consumer fraud and contractual disputes involve misrepresentation (your puppy is not purebred as claimed), defective products, or services contracted for but not provided as specified (pet cremation or burial). An animal law attorney can represent your interests if you are a victim of fraud or are treated unfairly in the marketplace.
Custody and ownership disputes. Pet custody disputes have become increasingly common in divorce cases. The bonds that people form with their dogs can make an already emotionally charged situation even more volatile. When you and your spouse decide to split up, you may not love each other anymore but your dog loves both of you. If you are unable to reach an agreement as to who will get custody of your dog, the courts will have to decide for you. Sole custody, joint custody, sole custody with visitation, no ongoing relationship, and splitting up pets between partners are all up for consideration in custody disputes.
Current laws provide for companion animals to be treated as personal property, and the home determined based on property laws as part of the marital estate. While current societal attitude is moving away from this treatment, and some judges make exceptions to the property model, the laws do not yet reflect this trend.
There is no standard in law for what is in the best interest of the dog. The best case scenario with a divorce is when you and your spouse put aside emotion and resentment and focus on what is truly best for your dog. If you can come to a decision on your own, the most the courts will have to do is review the settlement agreement that you have reached. If you are unable to do this, an animal law attorney who understands the bonds that people establish with animals, and what caring for them entails, can be your advocate.
Custody and ownership disputes are not limited to divorces. Legal representation may also be of benefit in cases of breakups of live-in relationships, a bailment (when a dog is left in the temporary care of another), a dog’s pregnancy, or a breech of a sales agreement.
Dog bites. Millions of people are bitten by dogs every year. We know that any dog can and will bite given the right (or wrong) set of circumstances. What is your liability as an owner if your dog bites someone? Dog bite laws vary greatly from state to state. There are three basic types of dog laws that may make you liable for damages or injuries caused by your dog. Strict liability laws hold the dog’s owner liable for just about any injury your dog causes. The only possible exceptions to strict liability laws are bites to a veterinarian, a trespasser, or someone who provokes the dog.
“One bite” laws basically allow your dog one “free” bite but hold the owner liable for a second bite. An exception is if you knew, or should have known, that your dog could hurt someone.
Negligence laws are common in most states; if the owner is unreasonably careless in controlling their dog, and this negligence results in injury, the owner is liable. In addition to addressing dog bites, there are state statutes that cover other types of injuries or property damage caused by dogs where the owner may be held liable.
If your dog bites someone and you are sued, how will you pay the victim’s damages? If the victim wins in court you may be paying not only for medical costs, but also for lost wages and pain and suffering. Homeowner’s or renter’s insurance is your best protection. Make sure your policy covers dog bites, and be certain your dog’s breed is covered as well. If you are sued for damages, you will need a lawyer. An animal law attorney familiar with your state’s bite laws and experienced in dog bite cases will be your best choice.
Estate planning. Many dog owners want to provide for the care of their animals after they die. Because by law animals are property, they cannot be beneficiaries of a standard will. Simply put, dogs cannot own property.
While you can’t leave your estate directly to your dog, there are things you can do to better ensure that your final wishes for your dog’s care and maintenance will be honored. Most states now allow trusts for animals. By establishing a legally enforceable pet trust you can leave property for the benefit of your dog, with a trustee in charge of managing it. You may also name a new owner for your dog in your will or in a revocable living trust. If you don’t name a new owner, your dog will likely go to your next of kin in most states. And when you name a person as the new owner of your dog in your will, you can also leave money to that person for the costs of caring for your dog.
Note: An entire article devoted to estate planning for your pets will appear in an upcoming issue of WDJ.
How do I Find an Animal Law Attorney? There are few attorneys who practice animal law exclusively. In general, it’s not a specialty that is financially viable practiced on its own. Lawyers and law firms who offer animal law as one of their specialties will provide the expertise and experience to assist you in pursuing your legal matter that others who only dabble in animal law may not.
We asked four animal law specialists for their suggestions regarding engaging the services of a “dog lawyer” and their answers appear on the facing page. The following are further suggestions for finding an animal law attorney:
–Your local shelter may know someone who handles animal law cases.
–Call your local bar association. Many offer referral services (for a fee) to find an attorney with experience to match your needs.
–The website for the American Bar Association (findlegalhelp.org) has state-by-state listings of lawyers and can be searched by legal specialty.
–Legal publisher Martindale-Hubbell’s website (lawyers.com) lists animal law attorneys by state and city.
Once you have found a qualified attorney, ask some pointed questions: “How many years have you practiced animal law? What portion of your practice does it constitute? Have you handled cases like mine before? What were the outcomes? How much will this cost?”
Don’t overlook the lawyer-client relationship; you may end up spending a significant amount of time with this person, and you should feel comfortable discussing details of your case with him or her, even when emotionally difficult. Chemistry is important. Ask the attorney questions; if you can’t understand her answers, or you are uncomfortable with her style of communicating, she may not be the right person for the job.
If you are unable to find an animal law attorney in your area, ask your lawyer to find one to consult with on your particular legal matter.
Self-Representation? If you decide to do your own legal research there is a vast body of information available on the Internet, including websites that list animal-related laws state-by-state. You can also contact your local courthouse or law school to find the nearest public law library.
The old legal maxim is “he who represents himself in court has a fool for a client.” If an issue involving your dog is serious enough to end up in court, no matter how solid you believe your case is, consider retaining competent legal representation. It can mean the difference between keeping your dog or losing custody, receiving compensation for an injury to your dog or paying thousands in medical bills, or even whether your dog lives or dies. Don’t be that foolish client. When it involves the dog you love, and the stakes are high, hiring a “dog lawyer” is money well spent.
Susan Sarubin, CPDT-KA, PMCT, is owner of Pawsitive Fit, LLC, Puppy and Dog Training in Easton, Maryland. She’s also Maryland State Coordinator for Rhodesian Ridgeback Rescue, Inc. See page 24 for contact information.
