Legal Question in Civil Litigation in Texas
Dog Law
I own and breed English Bulldogs and our neighbors dog, a Golden Retreiver came into our yard and mated with our dog. English Bulldogs have to have C-Sections to give birth which is expensive. Our neighbors are refusing to pay half of the bill. Are they legally obligated to do so?
1 Answer from Attorneys
Re: Dog Law
Thank you for your interesting question. While it is a rebuttable presumption that an animal owner is responsible for damage or injury caused by his/her animal (i.e. bites), the question whether an animal owner is responsible for indiscriminate fornicating is questionable. There is case law indicating that a farmer who suffers crop damage from his neighbor's stray cattle has a duty to mitigate damages by taking steps to keep cattle out (cattle are attracted to crops). Similarly, it is common knowledge that a bitch in heat will scent-attract dogs from long distances. Just as a cattle owner has only a limited duty to protect his neighbor's crops from his cattle, your neighbors had a only limited duty to protect your bitch's honor from their delinquent Retreiver's affections. Consult an old country lawyer for another opinion.