San Marcos, TX asked in Animal / Dog Law for Texas

Q: My neighbors dog broke the fence boarding our two yards, and impregnated my dog, can I sue for vet fees?

It’s clear by the damage on the fence that it was pushed from his side, also my dog is in heat which would explain why his unfixed male dog wanted to get through so badly. On top of this, my dog is a pure bread GSD which I had intentions on breeding, her puppy’s would have sold for a minimum of $2k each. I now can no longer do this because I do not wish for my dog to have 2 litters due to the dangers and risks associated with having more than one litter.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Theoretically.

You and your neighbor share mutual responsibility for maintaining your common fence. Your neighbor is also responsible for keeping his dog properly restrained. You had superior knowledge that you dog was in heat and would therefore attract the attention of male dogs in the area.

Ultimately, a judge or jury will have to decide most likely between you and your neighbor percentages of proportional responsibility. If you are found to be 50% or more responsible, you will not recover anything from your neighbor. But if your neighbor is found to be more responsible than you, you may recover that proportionate share of the vet bills.

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