Dog attacked in my backyard!

[FlusteredTX]

I live in Texas. A large dog next door broke through the wood fence & attacked my small dog in my own back yard! The damage was so severe we had to have our dog put to sleep. The owners were apologetic at first and said they would pay the bill. I paid just over $600 for tests, pain meds & to stabilize our dog, and finally $95 for cremation.

Although the neighbors initially stated they would pay the bill, they are trying to get out of it. I suggested they contact their homeowners insurance to pay the bill.

Isn't the owner of the dog responsible for its actions?
Might the homeowners insurance pay?

Should I initiate the paperwork to file in small claims court before finding out if their insurance will pay or not?

Your help is greatly appreciated.

 

[JETX]

You can certainly file your claim in Small Claims court to recover your damages (expenses plus value of the animal). Texas does NOT provide compensation for the 'personal value' (emotional, etc.) of the animal.

Additionally, you have some other laws that might be of assistance. The Texas Health & Safety Code, Chapter 822 deals with 'Regulation of Animals'.
Source: http://www.capitol.state.tx.us/statutes/he/he082200toc.html

"§ 822.033. Dogs That Attack Domestic Animals
(a) A dog that is attacking, is about to attack, or has recently attacked sheep, goats, calves, or other domestic animals or fowls may be killed by any person witnessing or having knowledge of the attack.
(b) A person who kills a dog as provided by this section is not liable for damages to the owner of the dog.
(c) A dog known or suspected of having killed sheep, goats, calves, or other domestic animals or fowls is a public nuisance. Any person may detain
or impound the dog until the dog's owner is notified and all damage done by the dog has been determined and paid to the proper persons.
(d) The owner of a dog that is known to have attacked sheep, goats, calves, or other domestic animals or fowls shall kill the dog. A sheriff, deputy sheriff, constable, police officer, magistrate, or county commissioner may enter the premises of the owner of the dog and kill the dog if the owner fails to do so."

[Note: Some persons have tried to argue that an attack on a dog does not qualify since a dog is not normally thought of a 'domestic animal'. This is resolved in the definition of a dog:
"§ 822.041. Definitions
(3) "Dog" means a domesticated animal that is a member of the canine family."]

"§ 822.035. Criminal Penalty
(a) A person commits an offense if the person intentionally:
(1) fails or refuses to register a dog required to be registered under this subchapter;
(2) fails or refuses to allow a dog to be killed when ordered by the proper authorities to do so; or
(3) violates this subchapter.
(b) An offense under this section is a misdemeanor punishable by a fine of not more than $100, confinement in the county jail for not more than 30 days, or both."