Legal Question in Criminal Law in Texas

family pet unlawfully being euthanized

My family and I reside in Hickory Creek, Tx. where we have lived peacefully for six years.

Recently, we got some neighbors with 3 children that are seriously lacking in discipline as well as plain old compassion. They are constantly shooting my dog through the fence with bb guns, water guns, and air soft guns as well as poking him in the face with sticks and throwing rocks at him over the fence. (keep in mind, he is always contained responsibly in our back yard with an 8 foot privacy fence and ''beware of dog'' and ''no trespassing'' signs clearly posted on every side of the fence, and that the neighbors and their children have been asked to stop taunting the dog and are aware of how the taunting has affected the dog and that he might bite them if they don't stop because his nature (as with any living being) is to protect himself and his territory)

He never gets out of his contained area.

Recently, even after such warnings, the child next door was again shooting at the dog and decided to enter the back yard to obtain the gun he dropped while shooting my dog over the fence rather than to wait for one of us to return and ask us to get it, he decided he would take the chance and do it himself.

Well, when he did, the dog bit him


Asked on 4/09/06, 12:27 am

1 Answer from Attorneys
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: family pet unlawfully being euthanized

Hello there,

It's unfortunate that you have such undisciplined neighbors.

First, did you ever contact the police and inform them of what your neighbors were doing. If not the burden may be on you to prove that they had been taunting your animals.

Second, since he had to go into your yard with a BB gun that is substantial proof that he was there to shoot your dog. This evidence can help you if you get sued.

Third, what kind of dog you have may also be in issue. If it is a dangerous animal that may pose a problem. But, you have contained your animal so it wouldn't harm anyone and that will be at an advantage to you.

Fourth, since he came onto your property without your consent you could actually sue the child and his parents for trespass.

If my office can be of any further assistance feel free to contact us.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

TylerJustice.com

9035939100 office

9035708248 cell

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Answered on 4/09/06, 5:27 pm


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