Legal Question in Civil Litigation in Texas
I shot an agressive neighbor dog in my yard after dog attacked wife and dogs had
Neighbor has 3 boxer dogs that have been loose in neighborhood many times over 3 years. Police have been called by me & other neighbors repeatedly re: dogs roaming neighborhood. His dogs jumped into our yard when we were vacationing & killed my registered dog (my other neighbor reported to me that she had come into my yard after hearing a dog fight & beat off the offending neighbors 2 dogs attacking my dog in my backyard - my dog found laying dead the following day) I declined to file charges to avoid conflict. 6 months later one of the dogs entered my front yard, attacked my dog & wife. Dog stayed in my front yard after we went inside & I decided to shoot the dog with my 22 rifle to protect my home & family.Now the neighbor is suing me. Do I have a right to protect my property & family? I live in a small town (3500 people).He spray painted bad language & accusatory remarks across his backyard tool shed, which faces into our back yard unobstructed by the hurricane fence between us.We had to build a 9 foot wood privacy fence to keep our children & family from viewing these words. He has often openly yelled at us and our children from his yard when we are outside - creating a very fearful atmosphere for us and our children.
2 Answers from Attorneys
Re: I shot an agressive neighbor dog in my yard after dog attacked wife and dogs
Be sure to remember that you still have time to file your counter claim for his killing your dog. Hopefully, your dog was the more valuable of the two. There is a common saying that a dog owner gets "one free bite." That is not necessarily true, particularly if the offending dog is known to be an aggressive dog by nature. Also, the fact that his dog(s) continuously escaped is a sign of continuing negligence.
As to the painted sign -- if there are false statements contained on the sign, you may be able to also include a defamation action in your counter-claim.
Statute of limitations in Texas:
Dog matter - two years
Defamation - one year
While all of this has been brewing, I hope that you have consulted an attorney.
Re: I shot an agressive neighbor dog in my yard after dog attacked wife and dogs
If you had shot the dog while it was threatening your wife and dog, you'd have been in the clear. As it stands, you may have to convince a jury that your were reasonably in fear of bodily harm to yourself, your wife, or your dog in order to justify shooting the dog after the immediate threat had passed.
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