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Texas Animal / Dog Law Questions & Answers
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

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: What are the chances that at a morion show cause hearing on deferred probation with no prior criminal history revocation

Deferred adjudication probation negligence for attack by dog . Got behind on restitution awaiting 2022 and 2023 tax return to pay off in full hearing to show cause set no previous criminal history and dirty fingerprint drug test that when asked po to send in for confirmation due to a non negative... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information provided, it's difficult to give a precise probability of the outcome at the show cause hearing for deferred adjudication probation revocation. However, I can provide some general insights:

1. No prior criminal history: Having no previous criminal record may...
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Texas on
Q: Texas home rule charter town can city completely change it's ordinances after a crime is committed to prosecute with new

Can a home rule charter tx town change is ordinances after an alleged crime is committed and as the legal process is being done and use those changes to prosecute and even bring criminal charges on the citizen . Attack by dog under negligence Coleman county tx

James L. Arrasmith
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answered on Apr 1, 2024

In the United States, there is a fundamental legal principle known as the "Ex Post Facto Clause" found in Article 1, Section 9, Clause 3 and Section 10 of the U.S. Constitution. This clause prohibits the federal government and state governments from passing laws that retroactively change... View More

1 Answer | Asked in Real Estate Law, Animal / Dog Law, Municipal Law and Small Claims for Texas on
Q: Neighbor's cat using our house as a litter box on various spots for past two month.

A neighbor's cat using our house as a litter box for the past two months. It took me about a month to find out the owner of the cat. I have spoken to them about this problem twice but they have not done anything to prevent their cat roaming freely. This has caused quite a nuisance in front of... View More

John Cucci Jr.
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answered on Mar 24, 2024

That is a problem. Call the Animal Control office one more time. Get the name of everyone you talk to there and take notes of the call. If you get no help, you can start a small claims case against the cat owner, Animal Control, AND the HOA. That will cost you about $60. But you will get... View More

1 Answer | Asked in Animal / Dog Law, Gov & Administrative Law and Municipal Law for Texas on
Q: My two dogs escaped their gate and un-alived chickens/roosters but I need information about my situation

My 2 dogs escaped and went into my neighbor's house which I didn't know had chickens but they also had more than 4 chickens (which in the law of Laredo you aren't allowed to have more than 4 chickens in you house you would need to be yards away of houses like a type of farm and you... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2024

Laredo city ordinance provides "It shall be unlawful for any person owning, keeping or having in his possession or control any dog to allow such dog to run at large upon the streets, sidewalks or public grounds of the city, or to allow any dog to run at large upon or about the residence, lot... View More

1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: Yes, I can prove the city worker did NOT have my Consent or permission to neuter my cat! What are my Options?

The city worker asked if They could place traps to locate a missing orange cat! I gave her permission to do so nothing else! Instead, the city worker traps my cat and has my cat neutered without my consent or permission! I also have the city worker on Surveillance Admitting that they did it.

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

Assuming you can overcome any official immunity defense and timely assert a claim against the City, you may be able to recover any diminution in value of your cat as a result of him being neutered. For example, if you could have sold the cat unneutered for $500, but neutered he can only be sold... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for Texas on
Q: Can I sue the animal shelter?

My animal was trapped by a city worker, stolen, and had his testicles removed without my permission or consent. Now my cat can NO longer breed, continue his blood line. Video surveillance as well.

I have before and after pictures.

Please help, or please put me in touch with someone... View More

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

It depends on the facts and circumstances of your particular situation. Many cities and towns in Texas have mandatory neutering laws. Although the terms can vary, a typical ordinance requires any male dog or cat over eight months of age to be neutered unless the owner obtains an intact-pet... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Can an animal rescue take a dog back that we adopted from them for no valid reason?

The agreement says we need a fenced in yard. We have one and did not have the dog on a leash. They claim we lied about the fence and violated the adoption agreement, when the director really regrets adopting the dog out and has seller's remorse.

John Michael Frick
John Michael Frick
answered on Feb 28, 2024

No, an animal rescue cannot take an adopted dog back for no valid reason. They can only take an adopted dog back if the adopting person violates the adoption agreement. For example, if the adoption agreement requires you to have a fenced in yard, the animal rescue can take the dog back if you... View More

1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: I need a lawyer in San Antonio Texas because my roommate or should say a person who lives in the same house with me .

This person let my dogs out and one of them who I think he dumped miles away came back around 8 hours later with injuries and could barely walk and she (Scarlett) needs to go to the vet. My other dog was here at the house

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

First, this is a Q&A forum in which individuals ask a legal question and Justia lawyers have the option of answering the questions. If you are looking for a lawyer for a specific legal matter, you should use the "Find a Lawyer" option and search for a lawyer in San Antonio or Bexar... View More

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Texas on
Q: Can you sue animal control for seizing your animals while you are in jail and have them euthanized
John Michael Frick
John Michael Frick
answered on Jan 25, 2024

It depends upon the particular facts of your situation. It is important to consider what arrangements you made for your animals to be properly cared for while you were in jail and why the animals were seized by animal control.

If the animals were being properly cared for and animal...
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1 Answer | Asked in Animal / Dog Law for Texas on
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?

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

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... View More

1 Answer | Asked in Personal Injury and Animal / Dog Law for Texas on
Q: Yes I was wondering is there a list that your name gets on that no matter what it's about you can't get an attorney?

I have tried and told my story so many times now that it breaks me into remembering everything I have gone through and I don't even know that I can do it again I'll pay someone I don't need someone to work for free I just need help I'm so tired of being walked on and abused... View More

John Michael Frick
John Michael Frick
answered on Jan 8, 2024

I have practiced law for more than 30 years and am unaware of any such list.

If you are experiencing grief or anxiety over the death of your service dog and/or are experiencing PTSD, you may need the help of a qualified mental health professional. While seeking such help decades ago may...
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1 Answer | Asked in Animal / Dog Law for Texas on
Q: What if im letting my dog out and one charges my dog?
James L. Arrasmith
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answered on Jan 8, 2024

If another dog charges at your dog while you are letting yours out, the situation can quickly become complicated, both practically and legally. Firstly, your immediate concern should be the safety of both dogs and any people nearby. If possible, try to separate the dogs without putting yourself at... View More

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My dog was tortured to death have vet statements witnesses,videos,physical evidence to hold individual responsible

I live on SSI trying to find Attorney that will work with me

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

While an attorney may accept such a case, remember that your damages for the death of a dog is the fair market value of the dog. Pets and other animals are considered personal property. Courts do not award "pain" or "mental anguish" damages based on the dog's suffering or... View More

2 Answers | Asked in Tax Law, Animal / Dog Law and Business Law for Texas on
Q: What type of lawyer do I need to form an LLC for a self employed individual?

Dog training private lessons

T. Augustus Claus
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answered on Oct 19, 2023

In Texas, you would generally need a business or corporate lawyer to assist with forming an LLC for your dog training private lessons business. These lawyers specialize in issues like entity formation, contracts, and compliance with state and federal laws. Some may also have experience specific to... View More

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1 Answer | Asked in Contracts, Animal / Dog Law and Small Claims for Texas on
Q: Do I have a case in small claims court? Bought a puppy with AKC papers and breeder won't give them and is ignoring me

Breeder has been ignoring me for 8 months because I am asking for my dogs registration paperwork that she said he has. I paid $1500 for him under the assumption he had AKC papers and I have been lied to

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Yes, you have a valid small claims case. You should ask for either specific performance (i.e. give me the dog's registration papers) or the difference in value between an AKC registered dog (which most likely is the price you paid) and the value of an unregistered dog of the same breed (which... View More

2 Answers | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: Who do I call to report?

Who do I call to report animal abuse? Do I just call the police and see if they Presa charges or do I call someone else?

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

I would contact your local chapter of the SPCA. Beat cops are rarely familiar with animal cruelty laws. Your local SPCA will know the appropriate law enforcement agency and the appropriate person within that agency to report animal cruelty to. The SPCA representative will also most likely be... View More

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2 Answers | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: Who do I call to report?

Who do I call to report animal abuse? Do I just call the police and see if they Presa charges or do I call someone else?

T. Augustus Claus
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answered on Jul 26, 2023

If you suspect or witness animal abuse in Texas, you should report it to your local law enforcement agency. In many cases, you can call the non-emergency police number to report the incident. They will handle the situation and, if necessary, may involve animal control or other appropriate... View More

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1 Answer | Asked in Animal / Dog Law for Texas on
Q: Can a property owner be sued if a dog walker allows the dog to eat landscaping plants and the dog dies. This is Texas.
John Michael Frick
John Michael Frick
answered on Jun 8, 2023

It depends upon the particular facts and circumstances of the situation. At first glance, it does not appear there are any facts creating a duty to the owner of the dog, but there may be additional facts not stated in this question that give rise to such a duty.

But remember that the...
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