My dog killed another dog that ended up in my fenced in back yard (TX) Need legal advice.

[QuietDaze]

Janus's Mom - it occurred to me. And not so much about the little dog going after the rottie but what is the liability if the fence had a hole in it? I'm not an attorney or anything close but curious about that.

Either way, the dog entered her property and sounds like her dog didn't actually kill it, but that the vet killed it. What vet doesn't check for a puncture wound from another (and much bigger) dog??

I wouldn't even consider putting my dog down if he killed an animal in his own yard. Kane hates cats and I have no doubt that if he could catch one it would be history. I wouldn't like it but at the end of the day, it's survival of the fittest. If a cat can't run fast enough from my dog then that's too bad. OR if it chooses to ignore the barking and snarling, then again...too bad. OR if some irresponsible owner doesn't believe in keeping cats safe indoors...too bad.

[Janus'sMom]

Well if the little dog dug the hole to get under the fence, then I don't see how the OP is liable for anything. But that's just my opinion. Likewise, I'm as far from an attorney as they get. And I wouldn't think about putting my dog to sleep in this case. And if a cat is not smart enough to stay out of the yard of a dog, then that's just suicidal on the cat's part. Unless the poor cat falls off the fence into the yard and cant get back out, then it's just clumsiness on the cat's part. But another good point to keep cats indoors, both of my new kittens will never see the outdoors unless they're in a crate going for a ride to the vet's. Falling prey to a dog is one of the minor reasons cats should stay indoors, cars and not so intellegent people (and some kids) can be cruel to cats.

[QuietDaze]

What is the neighbor's attitude about all of this? Are they making noise as if it's your fault? Do they expect you to pay part of the vet costs? Did someone call A/C or something?

Yes, if the little dog dug under I can see how that wouldn't be her fault. But let's just suppose part of the fence was open or had a hole? Common sense would say to me...hmm, I have a small dog and there's a hole small enough for him to get through. The neighbor has a large dog...maybe I should make sure my dog can't get through. But that's just me.

LOL, I didn't even think about the clumsy cat scenario. That would be awful for the poor thing. I hope no one misinterprets what I am saying as far as dogs killing cats. I'm not heartless, and if Kane wasn't so aggressive towards them I would have one. So I don't hate them but these are animals we're talking about. When you are 'prey' self preservation should be their first order of business.

[observer]

As far as your legal rights, you have to go see a lawyer. Your questions should include not only what your rights/responsibilities are, given that your own dog was kept secure in your own fenced yard, and the liability of the third party here, the vet.

[Janus'sMom]

LOL. I saw the clumsy cat scenario first hand. I had a bitch pitt bull mix that loved to put on a big front and chase cats in the yard till she got about 3 feet from them, then she'd tuck tail and come running back to me if they turned to face her. So that's when the fence went up. Thankfully for the scared cat there was a tree in the corner of the yard that it climbed up and hopped over the fence to get out. I haven't seen the cat ontop of the fence since (maybe it learned it's lesson).

Sorry this was off topic.

[jemarspujo]

So, the full story goes like this. We have 2 dogs who spend the majority of their time outdoors as we have a 9 month old baby at home. One is a Rottie who is somewhat dog aggressive as he is unneutered; he is not let out of our yard without a leash or adequate supervision. we have a 4.5 ft fence with a pad lock on the gate so that nobody goes in or out without our knowledge. there is also a "beware of dog" sign on the gate.

We had guests with a 8 y/o girl who was outside playing with the dogs. the little girl next door, also 8 y/o had a white, old, 10 lb. dog which they were dogsitting for a few weeks. our guest wanted to pet the little dog and so they decided to pass the little dog over the fence to our yard. well, there was no adult supervision in either yard but i am sure Pujo was standing there with ears up waiting for that dog to come over the fence. anyway, i suspect that the little dog freaked out and squirmed as it was being passed to our yard with awaiting dogs 1000% larger but again there was no adult present so we are unsure. the girls claim that Pujo jumped up so we are not sure if they dropped the dog but it is certainly unlike our dog to snatch things. it was not a kill attack, he didn't shake, he played with the dog like a squeeky toy. i stopped him by pining him down. the dog clearly had puncture wounds to the thorax and should have been evaluated properly by the emergency vet who charges absurd fees. at any rate, the little dog passed away 2 days later.

I love animals and i can only imagine the hurt that these people will feel as a result of the loss of their dog but the fact remains that their dog got into our yard due to inadequate supervision of the dog and kids who don't think things through. the neighbors have mentioned that they are concerned for the saftey of both people and animals in the neighborhood and we politely reiterated that our gate is pad locked and our dogs are well controlled verbally and physically by us. we cannot control what happens when other things enter our yard without our knowledge.


Cliff's notes: neighbors kid passed small dog to a little girl in our yard so that she could play with him, our Rottie attacked the small dog. no adults present on either side. no injury to children. improper veterinary care led to death 2 days later.


Question: should i be concerned about the saftey of my baby? Pujo is very careful around her, lays near her as if to watch and protect her and has always done that. he puts his ears back and lays down in front of her and she tugs on him and follows him around the house and he just licks her. he has also been great with any child we ever had visiting. i have not been concerned in the past but now i know what he is capable of. does dog aggression ever turn to child aggression?

[Anne]

I would be very concerned about the safety of any children if you are not prepared to supervise them when they are with the dogs. No children should EVER be allowed to be around dogs without adult supervision.

What were you thinking to allow your guests child to play in your yard with your dogs?
What were the child's parents thinking to allow their child to play unsupervised with your dogs?

a) all adults present are responsible for what happened for not supervising children around dogs. Not just the neighbors supervision but you are also at fault. Even moreso for allowing an 8yo visiting child alone in your yard with your dogs.

b) your fences are inadequate to contain a large dog. 4.5ft fences won't keep anyone out. Neither will such a small fence keep your dog in if he wants to get out.

This would not have happened if you had been supervising the child with your dogs. What eventuated is the fault of the adults. Not the dogs and not the children.

The full story now changes my view of the situation.