Legal Question in Personal Injury in Texas

pet got run over

my dog was run over by a car and the person that commited this act said she was going to be responsible by paying the bill at the pethospital. now she refuses to pay! my dog is in pain and i want to sue her, but i want to be informed of what is the procedure that needs to be followed. tank you!


Asked on 5/05/08, 8:43 pm

2 Answers from Attorneys

Roger Merrill Merrill & Associates

Re: pet got run over

If she was negligent, then you can force her to pay by suing her. In Houston, there's a leash law. If your dog was not on leash, then the driver might not be responsible.

If the promise to pay was made to settle your claim for damages, then you could sue her for breach of contract. If she made the promise because she felt bad about the incident, then you might not be able to enforce that promise due to lack of consideration.

You should contact the justice of the peace court and see about filing a lawsuit in the JP court assuming your damages do not exceed $5,000.

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Answered on 5/06/08, 4:12 pm
Michelle Wan Thomas & Wan

Re: pet got run over

I'm sorry to hear about your dog--that is terrible. My own dog got hit just yesterday by a truck, but he's ok.

Do you have this person's contact info and insurance info? You need to make a claim to this person's car insurance company. If you do not have this info, call her and tell her you will be making a claim on her insurance, and if she refuses to give you this info, tell her you will go to the police and report the incident--and followup and do that as well.

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Answered on 5/06/08, 10:17 am


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