my dog was killed by another dog and I was lied to about what really happened

[rdchris]

What is the name of your state (only U.S. law)? Texas

Several weeks ago, I left my 2 teacup yorkies with my trusted dog sitter, who has watched them many times. She walks many dogs per day and will even board a couple at her house as well, which is what she was doing with my dogs. After being gone a day, I get a call the next night from her husband saying that my yorkie, Miko, was killed while they were walking them in a nearby park. Needless to say, I was very upset. Her husband said that a dog not on a leash came up and bit my dog and then ran off. He then said it was type of mutt and the owners were either hispanic or middle eastern ethnicity and spoke little english. He tried to confront them but they just took off. My dog was dead before they got to the vet hospital. I asked her husband to file a police report and he did. My girlfriend and I flew home the next morning to pick up my other dog and Teresa (dog watcher) was an emotional wreck and could barely talk so we just left and said we would talk later. Well two days later, I get a call from the police dept saying that they had another report that contradicted what the dog watcher and her husband said. This report stated that Teresa was walking the dogs in front of their house when the neighbors great dane came running out of the house and bit my dog and that Teresa, her husband and the neighbors are covering up what happened for some reason! Needless to say I am shocked and furious at this point. On the advice of the police, I called her and asked her for details about what happened, without letting her know I knew about this report. She continued to lie, saying that they were in the park walking and she dropped her keys and while they were looking for them, a dog ran up and bit and killed my dog and ran off. She said she heard no sounds, no barking, no yelping, nothing..very unusual for dog behavior. She said she ran home and a neighbor took her to the hospital b/c she didnt have her keys!! The next day we went and talk to the officer in charge and the animal control officer, and they gave us this information plus more and said they were continuing their investigation. I found out they had Teresa come into the station and she confessed that it was the neighbors great dane and they conspired to cover it up. Police have it on video too and the officer said she appeared to show no remorse. They brought the owner of the great dane in and she was with her lawyer and said nothing about it. She was not home at the time. Teresa walks her great danes daily. My question is what can I do about this? Who is liable? I know nothing will bring back my baby, but I would like to parties responsible to pay in someway. I plan on reporting her to the BBB and letting people in the area know what happened. Do I have a case for any civil suit? I found an article that a texas court ruled that state law entitles the owners to recover "sentimental" value of a pet in the case of a wrongful death. Im not sure if this may benefit me or not. Any advice would be appreciated

Thanks

 

[Antigone*]

What is the name of your state (only U.S. law)? Texas

Several weeks ago, I left my 2 teacup yorkies with my trusted dog sitter, who has watched them many times. She walks many dogs per day and will even board a couple at her house as well, which is what she was doing with my dogs. After being gone a day, I get a call the next night from her husband saying that my yorkie, Miko, was killed while they were walking them in a nearby park. Needless to say, I was very upset. Her husband said that a dog not on a leash came up and bit my dog and then ran off. He then said it was type of mutt and the owners were either hispanic or middle eastern ethnicity and spoke little english. He tried to confront them but they just took off. My dog was dead before they got to the vet hospital. I asked her husband to file a police report and he did. My girlfriend and I flew home the next morning to pick up my other dog and Teresa (dog watcher) was an emotional wreck and could barely talk so we just left and said we would talk later. Well two days later, I get a call from the police dept saying that they had another report that contradicted what the dog watcher and her husband said. This report stated that Teresa was walking the dogs in front of their house when the neighbors great dane came running out of the house and bit my dog and that Teresa, her husband and the neighbors are covering up what happened for some reason! Needless to say I am shocked and furious at this point. On the advice of the police, I called her and asked her for details about what happened, without letting her know I knew about this report. She continued to lie, saying that they were in the park walking and she dropped her keys and while they were looking for them, a dog ran up and bit and killed my dog and ran off. She said she heard no sounds, no barking, no yelping, nothing..very unusual for dog behavior. She said she ran home and a neighbor took her to the hospital b/c she didnt have her keys!! The next day we went and talk to the officer in charge and the animal control officer, and they gave us this information plus more and said they were continuing their investigation. I found out they had Teresa come into the station and she confessed that it was the neighbors great dane and they conspired to cover it up. Police have it on video too and the officer said she appeared to show no remorse. They brought the owner of the great dane in and she was with her lawyer and said nothing about it. She was not home at the time. Teresa walks her great danes daily. My question is what can I do about this? Who is liable? I know nothing will bring back my baby, but I would like to parties responsible to pay in someway. I plan on reporting her to the BBB and letting people in the area know what happened. Do I have a case for any civil suit? I found an article that a texas court ruled that state law entitles the owners to recover "sentimental" value of a pet in the case of a wrongful death. Im not sure if this may benefit me or not. Any advice would be appreciated

Thanks

I am very sorry for the loss of your pet. I will let you know that the owner of the other dog can be held liable but only for the value of the dog. In other words, what is the cost to replace your pet. There is nothing other than that to sue for.

I also suggest you change your pet sitters in the future.

 

[TigerD]

1. I find it hard to believe the police did a videotaped interview over an incidental dog fight with no injuries. There is either more to the story, or a lot less to the story.
2. You "flew" home over a dead dog? Really? I hope that means drove really fast from across town.
3. You can only recover the value of the dog.


DC

 

[tranquility]

However, the "value" of the dog can include not just market value but also, “some special or pecuniary value to the owner, that may be ascertained by reference to the usefulness and services of the dog.” [Heiligmann v. Rose, 16 S.W. 931 (Tex. 1891)] In a more modern case using the principles, the court [Petco Animal Supplies, Inc. v. Schuster Texas 144 S.W.3d 554 (Tex.App.-Austin,2004)] held:

Id. at 932. Evaluating the evidence, the court noted that the dogs had been “of a fine breed, and well-trained,” that the owners had taken “great pains” to raise them, and that one of the dogs had even been trained to identify, through distinguishing barks, whether persons who approached were men, women or children. Id. The court concluded that while “[t]here is no evidence in this case that the dogs had a market value . . . the evidence is ample showing the usefulness and services of the dogs, and that they were of special value to the owner.” Id.

Both courts make sure the mere emotional attachment "value" is not compensible.

 

[rdchris]

1. I find it hard to believe the police did a videotaped interview over an incidental dog fight with no injuries. There is either more to the story, or a lot less to the story.
2. You "flew" home over a dead dog? Really? I hope that means drove really fast from across town.
3. You can only recover the value of the dog.


DC

The police are interested b/c they filed a false police report. There's more to the story as well. I flew home over 1000 miles to get back to my other dog. My dogs are my children and are most important things in my life, sorry you dont understand that. Honestly I dont care about getting money, I want to put her out of the dog business to make sure this doesnt happen to someone else's dog b/c of her incompetence or b/c her neighbors cant control their dog and next time instead of attacking a dog, they attack a small child!

 

[swalsh411]

If those are your intentions then I suggest you accept that you have no power here, mourn your loss, and move on with your life. Civil lawsuits are about money. if you don't want money there is no point in suing because that's all you will get.

Since you did not witness any of this first hand, I wouldn't be so sure you know exactly what happened. Which means I wouldn't go around talking about this dog sitting trying to hurt her reputation or else you might find yourself on the receiving end of a nasty defamation lawsuit.

 

[safetyforlife]

What is the name of your state (only U.S. law)? Texas

Several weeks ago, I left my 2 teacup yorkies with my trusted dog sitter, who has watched them many times. She walks many dogs per day and will even board a couple at her house as well, which is what she was doing with my dogs. After being gone a day, I get a call the next night from her husband saying that my yorkie, Miko, was killed while they were walking them in a nearby park. Needless to say, I was very upset. Her husband said that a dog not on a leash came up and bit my dog and then ran off. He then said it was type of mutt and the owners were either hispanic or middle eastern ethnicity and spoke little english. He tried to confront them but they just took off. My dog was dead before they got to the vet hospital. I asked her husband to file a police report and he did. My girlfriend and I flew home the next morning to pick up my other dog and Teresa (dog watcher) was an emotional wreck and could barely talk so we just left and said we would talk later. Well two days later, I get a call from the police dept saying that they had another report that contradicted what the dog watcher and her husband said. This report stated that Teresa was walking the dogs in front of their house when the neighbors great dane came running out of the house and bit my dog and that Teresa, her husband and the neighbors are covering up what happened for some reason! Needless to say I am shocked and furious at this point. On the advice of the police, I called her and asked her for details about what happened, without letting her know I knew about this report. She continued to lie, saying that they were in the park walking and she dropped her keys and while they were looking for them, a dog ran up and bit and killed my dog and ran off. She said she heard no sounds, no barking, no yelping, nothing..very unusual for dog behavior. She said she ran home and a neighbor took her to the hospital b/c she didnt have her keys!! The next day we went and talk to the officer in charge and the animal control officer, and they gave us this information plus more and said they were continuing their investigation. I found out they had Teresa come into the station and she confessed that it was the neighbors great dane and they conspired to cover it up. Police have it on video too and the officer said she appeared to show no remorse. They brought the owner of the great dane in and she was with her lawyer and said nothing about it. She was not home at the time. Teresa walks her great danes daily. My question is what can I do about this? Who is liable? I know nothing will bring back my baby, but I would like to parties responsible to pay in someway. I plan on reporting her to the BBB and letting people in the area know what happened. Do I have a case for any civil suit? I found an article that a texas court ruled that state law entitles the owners to recover "sentimental" value of a pet in the case of a wrongful death. Im not sure if this may benefit me or not. Any advice would be appreciated

Thanks

Hi Rdchris,
Im really sorry for lose of your pet. I can understand your feelings. Two months ago I too faced same situation.