Ask a Question

Get free answers to your Animal / Dog Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Animal / Dog Law Questions & Answers
0 Answers | Asked in Animal / Dog Law, Municipal Law and Civil Litigation for Texas on
Q: Awaiting trial to determine if pitbull is a dangerous dog in Texas after incident with salesman.

My mother and I are awaiting trial at the Grand Prairie Municipal Court in Texas regarding whether my pitbull is considered a dangerous dog under the Texas Health and Safety Code 821.041. The incident in question involves my pitbull biting a door-to-door salesman who was persistently bothering my... View More

2 Answers | Asked in Landlord - Tenant, Animal / Dog Law and Real Estate Law for Texas on
Q: How to evict tenant after expired lease and property issues in Texas?

I am renting out a house in San Antonio, Texas, where the lease agreement with the tenant expired about a year ago. The tenant continued to pay rent on time, but I discovered during an inspection for a new property management company that the house is in poor condition. There are holes in the wall... View More

John Michael Frick
John Michael Frick
answered on Apr 23, 2025

Because the original lease term has expired, the lease is now month-to-month. You need to give not less than 30-days advance written notice in accordance with the terms of the lease of your intent to end the lease with the end date being on the last day of a rent-paying period. So, for example,... View More

View More Answers

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: Grounds to file motion to dismiss for animal not restrained case?

I am a defendant in a case titled "State of Texas vs. [defendant]" regarding the issue of "animals not restrained," involving chickens eating grass in my front yard. On March 8th, 2024, I received a yellow card from Fort Worth code compliance/animal control, but it did not... View More

John Michael Frick
John Michael Frick
answered on Apr 21, 2025

First, remember that in a criminal case, only the prosecutor can file a motion to dismiss. The defendant and his attorney cannot.

With that in mind, the answer to your question is the prosecutor could file a motion to dismiss on the ground that the code does not authorize the issuance of a...
View More

1 Answer | Asked in Car Accidents, Animal / Dog Law, Personal Injury and Civil Litigation for Texas on
Q: Seeking justice and compensation for accident injuries and loss.

I was a passenger in an accident on September 21, 2024, where the at-fault driver killed my dog and caused severe injuries to my ankle, tibia, and has left me unable to walk. Despite my serious condition, neither the EMS nor police assisted me by taking me to the emergency room. Witnesses weren’t... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

First, it’s crucial to document everything related to the accident, including medical records, photos of your injuries, and any communication with the police or witnesses. Since the police report is incomplete, you can request to speak with the police department about the discrepancies and ask if... View More

2 Answers | Asked in Divorce, Landlord - Tenant, Animal / Dog Law, Family Law and Real Estate Law for Texas on
Q: Can I stay in the house if my husband moved out and can he turn off utilities before divorce in Texas?

I've been married for 16 years, and my husband moved out of our Texas home to a motel, leaving me and our dog. The mortgage and utilities are in his name only. I haven't been able to contact him, and I believe he might have a girlfriend. We haven't filed for divorce yet. Am I allowed... View More

John Michael Frick
John Michael Frick
answered on Apr 4, 2025

Yes, you can stay in your marital residence even though he has moved out.

Yes, he can legally turn of utilities that are in his name before a divorce is filed.

Because you are also an owner of the home, you can turn the utilities back on in your name.

If you file for...
View More

View More Answers

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Texas on
Q: Addressing issues with neighbor's aggressive dog and ESA policy.

I rent an apartment and share a fence in my yard with a neighbor whose large pit bull-type dog constantly barks and growls at my small dog. The dog has even jumped on the fence, showing aggression, though it hasn’t jumped over. My neighbor speaks no English, and communication hasn't resolved... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2025

It sounds like you have done what you can do under the circumstances. You might consider erecting some type of screen along the fence you share with your neighbors or putting an outdoor kennel in your backyard to protect your own small dog in the event that your neighbor's dog breaks through... View More

View More Answers

1 Answer | Asked in Social Security, Animal / Dog Law and Family Law for Texas on
Q: Can courts order visitation for an emotional support dog in Texas?

I am on Social Security mental disability benefits and rely on my emotional support dog, who is registered with documentation. My spouse, from whom I am separated, claims she can be awarded visitation rights (1st, 3rd, & 5th weekends) for my emotional support dog. My spouse never showed... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2025

In Texas, pets, including emotional support animals, are legally considered personal property rather than family members. Unlike children, courts generally do not grant visitation rights or custody schedules for animals. Your spouse’s claim for structured visitation similar to child visitation... View More

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Texas on
Q: Can I sue a shelter for adopting out my chipped pet without contacting me?

I recently had my chipped pet surrendered to a county shelter without my consent. Although the microchip is registered under my name through HomeAgain, the shelter never contacted them. The shelter admitted to improperly handling the intake by not contacting me based on the chip information and... View More

John Michael Frick
John Michael Frick
answered on Mar 5, 2025

Yes you can. You will be able to recover the fair market value of your dog at the time the shelter adopted the dog out. Factors going into this calculation include the breed and pedigree of the dog, its age and health, and any specialized training or skills the dog may have. The trier of fact... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law and Federal Crimes for Texas on
Q: My report says that the k9 officer saw me drive out of a dead end street that has a known home on the street to be a

Drug house. And he followed me to run my plates to pull me over for no insurance. In the report he states traffic stop for no registration. Now he already had his k9 dog in the back of his car at the time of the stop. A second officer pulls up. After 37 minutes from being stopped to dog sniff to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2025

This situation raises several concerning legal issues regarding the traffic stop and subsequent search. The initial basis for the stop appears questionable, as merely exiting a street with a suspected drug house typically doesn't constitute reasonable suspicion for a traffic stop.... View More

3 Answers | Asked in Animal / Dog Law and Personal Injury for Texas on
Q: I was bit in my face by a pit bull on jun1 I have a major scar on my face can I sue the dog owner
Daniel Estrada
PREMIUM
Daniel Estrada
answered on Dec 30, 2024

Generally, the recent past Texas cases would allow the Dog owner to avoid liability if he had no knowledge of his dog's propensity to bite--so the dog's first bite was a "free bite". However, a few factors would create possible negligence of the dog owner if there is evidence... View More

View More Answers

2 Answers | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: Can I press charges for someone stealing my pet pig and then sending a video of them doing it.

She also messaged me telling me that she did it and messaged my other roommate saying she did.

John Michael Frick
John Michael Frick
answered on Nov 22, 2024

Yes. But law enforcement and the district attorney are not obligated to file formal criminal charges even if you do.

View More Answers

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My dog got electrocuted and is alive. Issue reported before incident. Landlord dropped ball and he was electrocuted

He's actually doing well. No signs of trauma. What are my rights

John Michael Frick
John Michael Frick
answered on Nov 12, 2024

If your landlord was negligent, you likely can sue for any vet bills incurred treating your dog.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Can I sue a dog seller for not making sure the animal was delivered to me?
John Michael Frick
John Michael Frick
answered on Aug 28, 2024

It depends on the terms of your agreement. Most sale transactions of this type are very simple. The Buyer chooses a dog from the Seller, pays the Seller, and leaves with the dog (and any paperwork).

When "delivery" is involved, a Seller may satisfy its duty by delivering a...
View More

1 Answer | Asked in Contracts and Animal / Dog Law for Texas on
Q: Does something signed on my behalf while I was a minor effectively become mine when I turn 18?

My parents purachsed a horse for me when I was a child. Even though the horse is in my name, do I own it now that I am an adult, or do they since they signed on my behalf?

John Michael Frick
John Michael Frick
answered on Aug 16, 2024

Texas does not generally prohibit minors from owning property. There are certain specific things (tobacco, alcohol, etc.) that a minor is prohibited from buying and owning, but a horse is not one of those things.

The horse has been yours since it was purchased for you in your name.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Hi if I was coerced into surrendering my doggy because he threatened me with reporting me as animal cruelty and neglect?

Animal control agent used my situation and how distraught I was against me leaving me no choice but to willingly give up my doggy. She was unjustly and untimely put down. I seek restitution for her name sake.

John Michael Frick
John Michael Frick
answered on Aug 6, 2024

Coercion requires evidence of the use of force, or threatened use of force. For example, the classic example of coercion is holding a gun to someone's head and saying: "Sign this or I will shoot."

Being "distraught" and someone using your "situation"...
View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Question on dog bite on person.

Question on dog bite on person. 

A neighbors dog got out and ran on our property and was aggravating our dog. 

Our dog broke the fence picket and got into a fight with neighbors dog in our front yard. A neighbors handyman came and tried to break up the dogs and his leg got bite... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

Both you and your neighbor were likely negligent per se by failing to keep your dog in your own respective yards. In a lawsuit, a judge or jury will allocate responsibility between you based on all of the facts and circumstances and may allocate some degree of responsibility to the handyman for... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: This shelter claims my dog is there property . I never gave consent for my dog to get vaccinated.
John Michael Frick
John Michael Frick
answered on Jun 17, 2024

If a shelter can establish that the dog belongs to it, the shelter does not require your consent to vaccinate the dog.

If a shelter cannot establish that the dog belongs to it and you prevail in proving the dog belongs to you, you will still have to prove that the fair market value of your...
View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Can I sue animal control after they ignore my calls about a aggressive dog and that dog ended up killing my dog?

I've been calling barc animal control everyday for the past month about a dog in my neighborhood that's aggressive. It attacks small dogs. It attacked my dog and he had blood in his eye for a week and now 2 scars have shown. This dog chases small kids to get to there dogs. I can't... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

No. But if you know who the owner of the aggressive dog is, you potentially could sue the owner for the fair market value of your deceased pet.

1 Answer | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Texas on
Q: Can I legally break my lease without penalty? Texas

My rental home caught fire due to a faulty breaker on the first day I moved in, leaving me without air conditioning or heat for five days.January 18th–23rd. During this time, the temperature dropped below freezing, making it gruesomely chilly inside the house. I boarded my dogs ($267) for five... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

Under the facts you describe, you cannot legally break your lease without penalty. Your pet deposit is intended to cover any damage to the premises caused by your dogs during your occupancy of the premises. If there was a legitimate casualty loss which precluded you from occupying the premises... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Who is liable if a dog injures another at a dog park?

Two dogs visit the same park regularly. One is always trying to show dominance over the other by humping him, both are fixed. The dog being dominated snaps and show his dislike but never makes contact. Recently, after months of this behavior the dog being dominated snaps and accidently bites the... View More

John Michael Frick
John Michael Frick
answered on Apr 30, 2024

It depends on whether the owner of the dog that bit the other dog was negligent. That most likely will require a jury or judge to make a decision based on all the evidence presented at a trial. If I were the trier of fact and the evidence was exactly as you describe in your question, I personally... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.