My neighbor’s dogs attacked my dog.

Question

What should I do? I live in a rented townhome. The fence is very dilapidated and allows my dog to get out. Property management is aware and hasn't fixed the problem so my dog can get next door. I've gotten to know my neighbor and when my dog would get through the fence, she would allow him into her home with her 4 other dogs. At least one of Wernick has attacked her friend's dog. I did not know that that had happened. Not until my dog was attacked in her home while I was at work. I received a text that my dog was in a fight with her dog and to come home. I saw the text an hour later and came home immediately. He was seriously injured, and we both went to the vet with him. After learning I couldn't afford surgery, she covered that bill after I paid 430 dollars. When he was released, she offered her vet for after care. He needed another surgery and ultimately died. She's not paying for it, and I can't get his ashes till it's paid. Her friend told me about the previous attack after the event. How do I get help to pay for treatment? Also how do I get the proper attention to her vicious dogs?

Answer

People who believe they are owed money can sue to try to get compensated. Small Claims Courts are user friendly and it is not costly to commence lawsuits in these courts. Consider, however, that an argument may be made that your dog “trespassed” onto your neighbor’s property where the incident occurred. Your option was to not let your dog out unattended in your yard, particularly given the dilapidated fence, your knowledge that your dog goes onto your neighbor’s property, and that your neighbor has multiple dogs. Courts may consider the negligence of the victim dog’s “parent” when assessing liability and damages to be awarded.

Alternatively, an argument can be made that your neighbor voluntarily allowed your dog to enter her home. Courts in Texas have held that a dog’s “parent” will be held liable for damage caused by their dog if the dog was dangerous, and the dog’s “parent” had knowledge of the dog’s dangerous propensities.

An argument can also be made that there was a verbal agreement which provided that your neighbor agreed to pay for your dog’s veterinary bills arising out of the bite.

In addition to a civil lawsuit for money, an aggrieved person can ask that a dangerous dog hearing be held (although some dangerous dog laws only apply to attacks on humans, so it is important to check the law in one’s locality). “Parents” of dogs who have been declared dangerous are typically ordered to take certain precautions, such as confining the dog, muzzling the dog when in public, procuring liability insurance, spaying/neutering, and microchipping.