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

[jemarspujo]

My neighbor's kid was playing with their little 5 lb dog that somehow ended up over the fence and in my yard. My yard is fenced in and locked with a sign on the gate. My dog bit the other dog and it was taken to the vet. The vet didn’t figure out that it had a puncture lung, just gave it a couple of stitches. 3 days later it died.

I need legal advice, from someone that knows TX law, regarding what I need to do and what I am liable for. I don’t want my dog taken away. Thank you.

[JoJo]

Call an Attorney in you area, for they are the only one's who can give you that legal advise that you are looking for.

[mspooley]

Good luck to you...I know this must be difficult all the way around!
Until you find an attorney, perhaps you can Google "dog bite laws in Texas" and possibly find some info there too.

[DROOPY]

Well you mentioned that the dog somehow was in your propertie, Mabe the kid thru the dog over ANYWAY!!!! It was in your propertie,,, in your dogs domain and chop suey.....Wish you the best, and good luck

[Anne]

Originally Posted by jemarspujo

My neighbor's kid was playing with their little 5 lb dog that somehow ended up over the fence and in my yard. My yard is fenced in and locked with a sign on the gate. My dog bit the other dog and it was taken to the vet. The vet didn’t figure out that it had a puncture lung, just gave it a couple of stitches. 3 days later it died.

I need legal advice, from someone that knows TX law, regarding what I need to do and what I am liable for. I don’t want my dog taken away. Thank you.

Oh, what an awful situation for you. You should probably consult a lawyer if your neighbour is of the impression that any of this is your fault. I do wish people would keep their animals on their own property. Over here you would not be held liable in any way as your dog was properly contained in your yard.

I'm sure you feel very sorry for the neighbor's and their loss of their dog but none of this is your fault.

I wish you the best and please keep us updated.

[webangel2b]

WOW - so sorry to hear that!

I would make sure to tell your lawyer about the "vet's hand" in this pet's death too. Sounds like plenty of responsibility to go around.

How do you feel about your dog now? Are you concerned about keeping her/him, I'm afraid I might have to PTS a dog that's killed like that. Don't know, hard question!

[bliss7373]

I will second (or third) everyone's advice. Contact a Texas attorney. Unless someone is licensed to practice law in Texas, we cannot provide legal advice.

My suggestion is to contact your local bar association (google texas bar association, or (city) bar association) for quick referrals.

[missythemom]

Definetly call a lawyer.I don't know what the laws are in texas but i would think given the facts that you have a sign posted,afence that this other dog found its way into then you are not liable for this dogs death.the vet did a poor job in my opinion and he or she should be held more liable then you.Good luck.

[Anne]

Originally Posted by webangel2b

WOW - so sorry to hear that!

I would make sure to tell your lawyer about the "vet's hand" in this pet's death too. Sounds like plenty of responsibility to go around.

How do you feel about your dog now? Are you concerned about keeping her/him, I'm afraid I might have to PTS a dog that's killed like that. Don't know, hard question!

It's not a difficult question for me. I would not even think about euthanising my very much loved dog if it injured another dog who got into my yard. Many, if not most dogs will protect their territory. The fault here is not with this dog's owner, it's with the neighbors dog who should have been safely contained within its own property.

This dog did NOT maul and kill the other dog outright which it certainly could have done. The dog died 3 days later. It seems the investigation by the vet who treated this dog left a little to be desired. Perhaps if the punctured lung had been discovered the outcome may have been different.

[OnyxGold1]

I will fourth & Fifth what everyone else has said about contacting a lawyer in your area for advice.

In terms of my opinion your dog did nothing wrong. A dog ended up in HIS YARD and was bitten.....it wasn't as tho your dog was running loose and ran up to another dog and bit it. I certainly wouldn't be putting the dog down over an incident such as this.

I work A/C and will guarantee you we have had numerous incidents like this in Edmonton and it always turns out to be a provoked bite.....provoked in terms of the fact that the little dog had no right being in the yard belonging to the other dog.

Its terrible that this occurred.....I know my boys got a cat once and I was mortified....I live in the country and lord knows who the cat belonged to (if it had an owner).....the cat in question went into a chainlink dog run with both boys and it was turned into a tug I was horrified and quickly went out and ended their game and disposed of the cat ~~ as much as we hope never to encounter such a situation it is truly terrible if/when it does occur. I guess you will at least have 'part' of the answer if you can find out if it was the child that threw the small dog over the fence.....I'll never have an answer about why a cat would go over a chainlink fence into a dog run

Very sorry that you are going thru this!
Heather Peters

[ZoesMomma]

Originally Posted by webangel2b

WOW - so sorry to hear that!

I would make sure to tell your lawyer about the "vet's hand" in this pet's death too. Sounds like plenty of responsibility to go around.

How do you feel about your dog now? Are you concerned about keeping her/him, I'm afraid I might have to PTS a dog that's killed like that. Don't know, hard question!

I'm so sorry for your situation. Definitely have your lawyer get the records on the dog's medical treatment. It sounds like the dog's injury shouldn't have resulted in his death.

As far as euthanization, no way. The dog invaded your dog's territory and most dogs will defend what's theirs. The fact that the invader was a much smaller dog is irrelevant. It's not the dog's fault that the vet may have been less than competent.

[webangel2b]

I totally and completely agree that your dog did not do what he COULD have done. Also that the vet must retain some responsibility in my opinion too.

I'm just not sure how I would react. I knew of a dog that my SIL had, he was a KILLER! Anything that came into their yard was fair game. I just would not want my dog to react that way, guard and protect yes. But if there's no threat (little dog attack you or something) then I'd be hard pressed to say the dog did the right thing.

Just my thoughts :), I would do anything to save my dog as well (however, in the end I'm responsible for my animal's actions, not the actions of a stupid dog or cat) don't get me wrong. I just wondered how you felt about it.

[poohbearsmom]

Originally Posted by webangel2b

WOW - so sorry to hear that!

I would make sure to tell your lawyer about the "vet's hand" in this pet's death too. Sounds like plenty of responsibility to go around.

How do you feel about your dog now? Are you concerned about keeping her/him, I'm afraid I might have to PTS a dog that's killed like that. Don't know, hard question!

WOW. You would PTS a dog that actually ACTED LIKE A DOG? (in the safe confines of his own backyard, in which another animal trespassed???)

Why, pray tell?

[Janus'sMom]

Just out of curiousity... has the thought occured to anyone that maybe there was a small opening in the fence or a dip in the ground were the little dog might have been able to squeeze through to get into the dog's yard? And did it occure that maybe IF the little dog did get into the yard by itself that maybe it went after the Rotti? Unless someone saw (not including the little boy playing with the little dog, as some children are not always truthful), what happened every second of this incident I wouldn't assume that the Rotti just went after the little dog because it was in the yard. I know some dogs would, but this may not be the case.

Sorry to hear that this happened. I would put the fault on the child's parent for not watching him or the little dog propperly. Not to forget the vet that didn't find the lung being punctured.

[harleychik66]

Originally Posted by webangel2b

How do you feel about your dog now? Are you concerned about keeping her/him, I'm afraid I might have to PTS a dog that's killed like that. Don't know, hard question!

I certianly wouldn't PTS for this. The dog was just being a dog.

I would definately question the competency of the vet who took care of the little dog.

Good luck and let us know what happens.