Oklahoma

Summary: The owners rented a stall from the tort victim for their heifer. The heifer escaped into the yard and crashed into a gate whereupon the gate then hit the tort victim in the mouth and broke several teeth.  The Supreme Court of Oklahoma held that the heifer was not running at large, that the heifer escaped from its stall through no fault of the owners, that strict liability for trespass under Okla. Stat. tit. 4. sec. 98 (1965) was not applicable, and that any liability of the owners was required to be predicated upon negligence.

Summary: In this Oklahoma case, defendant gas company left the plaintiff's yard gate open through which the plaintiff's dog escaped and was then hit by a car. In finding that the gate being left open was the proximate cause of the injury, the court held that the allegations in plaintiffs' amended petition, stated a cause of action and that the trial court erred in sustaining defendant's general demurrer to the petition.

Summary: In this Oklahoma case, plaintiff purchased a pointer dog for a payment of $800 cash, whom he purchased for breeding purposes. Plaintiff alleged, that for several years prior to March 24, 1947, defendant was engaged in the business of breeding and selling thoroughbred pointer bird dogs at Tulsa, Oklahoma, and that plaintiff had for many years been engaged in the business of operating kennels. In affirming the judgment for plaintiff, the court held that the purchase of a dog with the knowledge of the seller that it is bought exclusively for breeding purposes gives rise to a warranty of fitness for such purpose where the buyer relies upon the seller's skill and judgment that the dog is fit for such purpose. Where a sale of highly bred stud dog for breeding purposes is rescinded for breach of an implied warranty, because of sterility, the purchaser can recover what he paid under the contract and expenses necessarily incident to caring for the dog but he cannot, in addition, recover damages for the breach of the implied warranty of the dog's usefulness for breeding purposes.

Summary: The State charged defendant with maliciously placing a dog in a pit with another dog and encouraging the dogs to fight, injure, maim, or kill one another. The trial court convicted defendant of cruelty to animals pursuant to Okla. Stat. tit. 21, §   1685 (1971) and fined defendant. Defendant appealed. On appeal, the court held that Okla. Stat. tit. 21, §   1682 (1971) was constitutional as applied to the case but reversed and remanded the case because the court determined that the defendant had been improperly convicted under the anti-cruelty statute rather than the dogfighting statute.

Summary: The following Oklahoma regulations detail that a license is needed for any person who wishes to rehabilitate wildlife. A person must renew this license annually for a fee of ten (10) dollars unless that person has violated any of these provisions or was found not to be taking proper care of the animal during the animal's rehabilitation. In such a case, a person must wait a minimum of one year before that person can renew his or her license. These regulations also relieve the Department of Wildlife from liability and costs incurred by the licensee. Additionally, these regulations require a licensee to report any listed endangered or threatened species; require a record of veterinary visits; require a record of the type of species lodged at the facility; require proper facilities; and require proper release of rehabilitated animals and proper disposal of animals that cannot be rehabilitated.

Summary: The purpose of this Subchapter is to establish a list of wildlife that are to be considered domesticated, and therefore exempt from licensing and permit requirements of the Department.

Summary: Title 532 of the Oklahoma Administrative Code establishes the Board of Commercial Breeders and implements the Commercial Pet Breeders Act, codified at 59 O.S. § 5001 et. seq. Chapter 1 establishes the organization, operation, and purpose of the Board.