The Texas Legislature should change the way the state defines dangerous dogs and update the law to give people who’ve been damaged by them some tools with which to seek recompense.

The legal problem came up recently in the case of Nancy Fry, whose little terrier, Baby, died after being mauled twice by a neighbor’s dogs, which were running loose.

The first dog attacked as Fry walked Baby on a leash through her neighborhood in Bacliff, she told The Daily News recently. The second dog attacked on Fry’s own property as she was attempting to get Baby in a car to go to a veterinarian, she said.

Baby’s back was ripped open and she suffered other injuries so severe that she died after becoming infected and undergoing multiple surgeries, Fry said.

Anybody who loves a pet can understand what an awful experience that was for Fry and her dog, and it got worse.

Fry said she spent several thousand dollars, most of her savings, trying to save Baby’s life. After Baby died, she set out to do what most people in the same situation would — to ensure that someone was held responsible for her pain and suffering and to recover the money the offense against her dog, her property, cost her.

Fry learned pretty quickly that Texas law, which is the only law in unincorporated areas, doesn’t offer much relief for people in her circumstance.

The issue, apparently, is how Texas defines dangerous dogs.

In many states, laws exist that allow a dog to be declared dangerous for attacking another dog, according to the American Society for the Prevention of Cruelty to Animals.

But that’s not the case in Texas, where a dog has to have attacked a human or be reasonably believed to pose a threat to humans before it can be found dangerous.

You don’t have to look far to find states that offer better legal tools than Texas does.

Louisiana declares a dog dangerous when on two occasions within 36 months it has caused injury to a domestic animal off the offending owner’s property; Oklahoma has ruled that a dog must be declared dangerous if it kills another dog after previously being found by authorities to be potentially dangerous; and New Mexico says a dog that causes serious injury to a person or a domestic animal is dangerous, according to the Animal and Legal Historical Center of Michigan State University.

Other states also offer owners of dogs that have been attacked by other dogs legal means to pursue monetary damages against the responsible humans.

It’s odd that Texas doesn’t. Although there are all sorts of other things wrapped up in person’s relationship with a pet, it’s also a matter of property rights. Texans should have a clear path to something like justice against people who by their bad action or inaction cause damage to property.

The state’s definition of a dangerous dog should include dogs that attack their own kind, and other animals, and the law should provide financial remedies for people who suffer as Fry did.

• Michael A. Smith

Michael A. Smith: 409-683-5206; michael.smith@galvnews.com

(5) comments

Don Schlessinger

[thumbup]

Diane Turski

I agree that Texas should update these laws and the owners of dangerous dogs that are running loose should also face charges for negligence.

Mary Gillespie

Would it be legal to shoot a dog who is attacking your dog? I'd guess it is, since the situation is similar to a rancher protecting his livestock.

It's possible that the best solution might be concealed carry while walking your dog.

Rusty Schroeder

This situation came up about a year ago at a dog park, I do not know what the outcome was. It was all over the news.

Nancy Fry

Thank you for this follow up article. Maybe if a petition was put together emulating some of the successful changes that were made to the laws in other states we could possibly get something done, as there are many many people that would support it. Thankfully my daughter put together a fund raiser for me, people were extremely generous and I was able to recoup about 1/3 of my expenses. I am extremely grateful to everyone who offered both their financial and emotional support. However, the property owners and the property management company have been non-responsive. Thank you!

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