Legal Question in Criminal Law in Texas

You can persue a civil action. Generally courts look to the "market value" of the dog as being recoverable but in an recent Texas case, the Defendants argued under an 1891 supreme court case, that dogs are treated differently under the law than other personal property.

The Court of Appeals for the 2nd District of Texas ruled that the owners of a mistakenly euthanized dog can sue to recover the sentimental value of their lost pet, and reversed and remanded the ruling of a trial court. Their opinion cites more than a century of Texas courts rulings on dogs.

"The Texas Supreme Court has not dealt directly with the value of a lost pet in the 120 years since Heiligmann, but in more recent cases, it has explicitly held that where personal property has little or no market value, and its main value is in sentiment, damages may be awarded based on this intrinsic or sentimental value. The law has changed greatly since 1891 but Heiligmann was ahead of its time by noting that the dogs 'were of special value to the owner.' Sentimental damages may now be recovered for the loss or destruction of all types of personal property. As such and because of the special position pets hold in their family, the court saw no reason why existing law should not be interpreted to allow recovery in the loss of a pet at least to the same extent as any other personal property.

For the full story and to read the pdf of the opinion go to:

http://www.courthousenews.com/2011/11/15/41444.htm

You may also pursue a crimial case of animal cruelty.

More info here: http://www.animallaw.info/articles/ovustxcruelty.htm