Houston, TX asked in Animal / Dog Law for Texas

Q: What can I do if my dog ran out my yard and the mailman ran him over and didn’t stop and it was all caught on camera?

Will they pay his medical bills? Can I do any?

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

A: Unless you can show that the mailman was negligent, it is unlikely that USPS will pay for the vet bills. In most urban areas in Texas, pet owners are subject to local ordinances that require that they control their pets by keeping them in fenced areas or on a leash. The failure to comply with such an ordinance is most likely negligence per se. So, even if you can show the mailman was negligent, a judge or jury will most likely have to allocate fault between the mailman and you as the owner of the dog. If your proportionate share of fault is more than 50%, then you will not be able to recover from the mailman for his lesser degree of fault. Everything depends on the specific facts of the incident, but I won't like your chances from your description.

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