Legal Question in Civil Litigation in Texas

Definition of premises

Our dog was attacked outside of our fence, but well within our property line by a neighbor's dog. Their ins. co. is only wanting to pay 1/2 the vet bill because they say the attack was not on our premises. The neighbor does not contest the fact it was on our property, and tried to get her ins. co. to pay the whole bill, but they refused. Do I have grounds to sue for the total bill?


Asked on 5/06/04, 9:16 pm

1 Answer from Attorneys
Charles White Charles G. White

Re: Definition of premises

Yes you can sue. However, you will have to sue the neighbor rather than his insurance company. His insurance company will be responsible for hiring him a lawyer and paying any judgment that you recover. On the other hand you will have to pay your own attorneys' fees even if you win. You could sue them in small claims court, and there is the possibility that the insurance company might elect to pay off rather than hire a lawyer to defend.

If you sue the neighbor, you will have to prove that the neighbor was negligent in the keeping of his dog. Likewise, the neighbor can allege contributy negligence in your keeping of your dog, thereby reducing or eliminating your recovery. There are other legal theories involving dogs which requires too much explanation for your question.

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Answered on 5/06/04, 9:49 pm


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