Legal Question in Personal Injury in Texas

Family dog attacked, killed by neighbor's roaming dog.

My small dog was attacked on my yard, by another dog that was roaming the neighborhood, I saw the dog that attacked my dog. A neighbor said he knew where the owner's live up the street. My dog died in surgery and cost $1,800. Can I be compensated for that, have the dog destroyed, and recieve "pain and suffering" damages also. I would appreciate a response asap, thatnk you!


Asked on 11/23/97, 2:06 am

2 Answers from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

dog on dog attack

I don't know the dog laws of your state, but usually a dog owner must use reasonable care if he has reason to know the dog was dangerous. Also, if there is a leash law, the local law might make the owner automatically liable if the dog was loose.

However, as far as I know, most states do not allow "pain and suffering" or other non-economic damages for injury to an animal, even a beloved pet. So the value of the dog, and the costs of medical treatment and disposal of the remains are probably all you can collect. Small claims is a good avenue.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

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Answered on 11/24/97, 9:45 am
Joseph A. McDermott, III Attorney at Law

Dead Dog Damages

No pain and sufering available; there is no mental anguish recovery in Texas for loss of an animal, no matter how beloved.Recovery is likely limited to the value of the dog.Getting the other dog destroyed would be up to your municipal authorities, and would likely require proof of viciousness and dangerousness; i.e. prior incidents.Your neighbor is likely responsible for this, even if he did not know of the dog's aggressive nature, IF you live in a town with a leash ordinance.Neighbor's homeowners insurace should cover this.

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Answered on 11/24/97, 7:32 pm


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