Responsible Pet Ownership
Wolfenson Lawyers provides specialized legal advice on the responsible care of pets and pets.
Our firm meets the needs of people who have observed or suffered a violation of Law 21.020 that regulates the Responsible Ownership of Pets and Animals. We advise our clients in the event of possible litigation arising from an incident involving their pets or animals, providing legal advice focused on compensating the material and moral damages that may have been caused by it. Whether in cases where they have been sued before a Local Police Court and require preparing their professional legal defense, even those who wish to initiate a new lawsuit in order to obtain adequate compensation for damage to their pet or their person.
Wolfenson provides a comprehensive legal service to eventual litigation arising from the Responsible Pet Ownership Act.
Here is a legal guide to provide you with guidance on responsible animal ownership:
What is the responsible ownership of pets and pets?
It is the set of obligations that a person contracts when they decide to accept and keep a pet , that is, provide food, home and good treatment ; provide veterinary care and not subject them to suffering; in addition to respecting public health and safety regulations .
The new legal framework contemplates three main axes:
Control of the animal population: through sterilization campaigns carried out by the municipalities and continuous control by the ministries of the Interior and Public Safety, Health and Education.
Identification and registration of companion animals: through six registers and the implantation of an electronic device (microchip) , the aim is to link each companion animal to its owner.
Citizenship education: competitive funds will be developed so that social organizations for animal care and protection apply for initiatives aimed at responsible pet ownership.
What records exist?
To facilitate the audit , six records were created :
National registry of pets or companion animals , which includes a unique, standardized identification system and inseparably incorporated into the animal.
National registry of potentially dangerous animals of the canine species.
Registry of non-profit legal entities , promoters of responsible pet and pet ownership .
Registry of breeders and sellers of pets or pets.
Registry of breeders and sellers of potentially dangerous animals of the canine species.
Registration of temporary maintenance centers for pets or pets.
What is meant by mistreatment or cruelty to an animal ?
Any action or omission (occasional or repeated), that unreasonably caused damage, pain or suffering to an animal.
For the first time in the history of Chile , the law considers abandonment as abuse , along with prohibiting slaughter by a population control method, animal fighting and training to make them more aggressive.
What are the penalties ?
Damage to an animal: minor prison sentence in its minimum to medium degree and a fine of 10 to 30 UTM , in addition to the perpetual absolute inability to keep any type of animal.
Serious injuries to the physical integrity or death of the animal: minor prison sentence in its medium degree and a fine of 20 to 30 UTM , in addition to the perpetual absolute inability to keep any type of animal.
Important: people who see their health or integrity threatened or disturbed by an animal will also be protected. The complaint must be made before the competent Local Police judge , and it will be the person responsible for the pet who will have to answer civilly for the damage caused.
How to make a report?
If you witness a situation that affects the well-being of a pet, you can make a complaint by submitting all the information to the Prosecutor's Office , the Local Police Court, Police or the Investigative Police . The reporting requirements are as follows:
The complaint must be accompanied by antecedents such as date, place, narration of the event, a document from a veterinary doctor indicating the injuries (if any).
In addition to any record of the crime that the person possesses (photographs, videos, audios, witnesses, others).
This procedure must be carried out by a person over 18 years of age , and in the case of being under that age, must be legally represented or represented by a person of legal age.
Subsequently, the Public Ministry will review the complaint and take the actions it determines according to each case.
Any act or omission , whether occasional or repeated, that unreasonably causes harm, pain or suffering to an animal is considered an act of mistreatment or animal cruelty .
Can I sue the damages caused by the pet or companion animal of a third party?
It is indeed possible to demand compensation for damages caused by a pet or companion animal . This is possible through the professional legal advice of a lawyer , who will represent you in court before the competent Local Police Court, making the respective complaint and claim for material and moral damages that have been caused to your pet, to your person or property. . Wolfenson represents its clients in the event of possible damages caused by or with respect to pets.
What damages can I sue for a violation of responsible pet ownership?
The damages to be compensated will be the emergent or direct damages produced by the pet or her (such as medical or veterinary expenses, as the case may be), the loss of profit in the event of having caused a temporary or permanent inability to work in the person who has suffered its effect, and the moral damage suffered by the plaintiff because of the damages produced by the pet of a third party regarding his own integrity or his pet.
Wolfenson Abogados provides legal advice to initiate legal actions for the responsible possession of animals and pets.
Links of interest about Legal Advice on Responsible Holding of Pets and Companion Animals :
1.- Civil Code
If you need more information and legal advice regarding the responsible ownership of pets and animals, we invite you to contact our lawyers in Santiago. We are located at Avenida Apoquindo 2930 in the commune of Las Condes, Santiago de Chile.