Texas

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Gabriel v. Lovewell

Summary: <p> A Texas horse owner brought action against horse farm for negligence and breach of implied warranty in connection with the death of a horse in care of horse farm. On appeal of a decision in favor of the horse owner, the Court of Appeals held that by asking veterinarian if veterinarian told the horse owner that the horse died because it was not brought to veterinary clinic soon enough, the horse farm opened the door, and thus, the previously-rejected hearsay testimony regarding horse owner's conversation with veterinarian was admissible for limited purpose of impeaching veterinarian's testimony. Thus, the evidence was legally and factually sufficient to support the jury's verdict. </p>

A Texas horse owner brought action against horse farm for negligence and breach of implied warranty in connection with the death of a horse in care of horse farm. On appeal of a decision in favor of the horse owner, the Court of Appeals held that by asking veterinarian if veterinarian told the horse owner that the horse died because it was not brought to veterinary clinic soon enough, the horse farm opened the door, and thus, the previously-rejected hearsay testimony regarding horse owner's conversation with veterinarian was admissible for limited purpose of impeaching veterinarian's testimony. Thus, the evidence was legally and factually sufficient to support the jury's verdict.

Petco Animal Supplies, Inc. v. Schuster

Summary: <p> In this Texas case, a dog owner brought an action against a Petco groomer for damages when her dog was killed after escaping from the pet groomer and running into traffic. The trial court entered a default judgment in favor of the owner and awarded damages.&nbsp;The Court of Appeals, held that the dog owner was not entitled to damages for mental anguish, absent pet store's ill-will, animus or desire to harm her personally. Moreover, the owner was not entitled to intrinsic value damages, lost wages, or counseling expenses. </p>

In this Texas case, a dog owner brought an action against a Petco groomer for damages when her dog was killed after escaping from the pet groomer and running into traffic. The trial court entered a default judgment in favor of the owner and awarded damages. The Court of Appeals, held that the dog owner was not entitled to damages for mental anguish, absent pet store's ill-will, animus or desire to harm her personally. Moreover, the owner was not entitled to intrinsic value damages, lost wages, or counseling expenses.

Batra v. Clark

Summary: <p> In this Texas case, the appellant-landlord appealed a verdict that found him negligent for injuries suffered by a child visiting a tenant's residence. The lower court found the&nbsp;tenant and landlord each 50% liable for the girl's injuries. The Court of Appeals, in an issue of first impression, if a landlord has actual knowledge of an animal's dangerous propensities and presence on the leased property, and has the ability to control the premises, he or she owes a duty of ordinary care to third parties who are injured by this animal. In the present facts, the court found that Bantra had no duty of care because there was no evidence showing that Batra either saw the dog and knew that it was a potentially vicious animal or identified the dog's bark as the bark of a potentially vicious animal. The judgment was reversed. </p>

In this Texas case, the appellant-landlord appealed a verdict that found him negligent for injuries suffered by a child visiting a tenant's residence. The lower court found the tenant and landlord each 50% liable for the girl's injuries. The Court of Appeals, in an issue of first impression, if a landlord has actual knowledge of an animal's dangerous propensities and presence on the leased property, and has the ability to control the premises, he or she owes a duty of ordinary care to third parties who are injured by this animal. In the present facts, the court found that Bantra had no duty of care because there was no evidence showing that Batra either saw the dog and knew that it was a potentially vicious animal or identified the dog's bark as the bark of a potentially vicious animal. The judgment was reversed.

Westfall v. State

Summary: <p> Defendant convicted of cruelty for intentionally or knowingly torturing his cattle by failing to provide necessary food or care, causing them to die. Defendant lacked standing to challenge warrantless search of property because he had no expectation of privacy under open fields doctrine. </p>

Defendant convicted of cruelty for intentionally or knowingly torturing his cattle by failing to provide necessary food or care, causing them to die. Defendant lacked standing to challenge warrantless search of property because he had no expectation of privacy under open fields doctrine.

Williams v. Neutercorp (Unpublished)

Summary: <p> Appellant sought review of the order from the County Court dismissing appellant's lawsuit after it sustained the special exception filed by appellee company, appellee animal hospital, and appellee veterinarian in appellant's suit which alleged negligence and violations of the Texas Deceptive Trade Practices-Consumer Protection Act, Tex. Bus. &amp; Com. Code Ann. &sect; 17.50.&nbsp; The special execption is that&nbsp;the Veterinary Licensing Act, Tex. Rev. Civ. Stat. Ann. art. 8890, 18C, expressly provided that the DTPA did not apply in veterinary malpractice cases.The court affirmed the lower court's order dismissing appellant's suit against appellees because the lower court did not abuse its discretion by dismissing appellant's pleadings with prejudice, after the lower court sustained the special exception regarding the Deceptive Trade Practices-Consumer Protection Act, and after appellant refused to amend her pleading. </p>

Appellant sought review of the order from the County Court dismissing appellant's lawsuit after it sustained the special exception filed by appellee company, appellee animal hospital, and appellee veterinarian in appellant's suit which alleged negligence and violations of the Texas Deceptive Trade Practices-Consumer Protection Act, Tex. Bus. & Com. Code Ann. § 17.50.  The special execption is that the Veterinary Licensing Act, Tex. Rev. Civ. Stat. Ann. art. 8890, 18C, expressly provided that the DTPA did not apply in veterinary malpractice cases.The court affirmed the lower court's order dismissing appellant's suit against appellees because the lower court did not abuse its discretion by dismissing appellant's pleadings with prejudice, after the lower court sustained the special exception regarding the Deceptive Trade Practices-Consumer Protection Act, and after appellant refused to amend her pleading.

Brief Summary of Texas Animal Cruelty Laws

Summary: <p> High school level summary of Texas animal cruelty laws. The article touches on Texas criminal and civil cruelty laws, the limited scope of the Texas criminal provisions, and the newly enacted laws that deal with dangerous wild animals. </p>

High school level summary of Texas animal cruelty laws. The article touches on Texas criminal and civil cruelty laws, the limited scope of the Texas criminal provisions, and the newly enacted laws that deal with dangerous wild animals.

Overview of Texas Animal Cruelty Laws

Summary: <p> This overview of Texas animal cruelty laws summarizes the currently enacted laws, addresses the unique aspects of Texas cruelty laws, mentions current controversies, and introduces the new laws dealing with dangerous wild animals. </p>

This overview of Texas animal cruelty laws summarizes the currently enacted laws, addresses the unique aspects of Texas cruelty laws, mentions current controversies, and introduces the new laws dealing with dangerous wild animals.

Detailed Discussion of Texas Animal Cruelty Laws

Summary: <p> This article provides an in-depth look at the intricacies of Texas animal cruelty laws. Both the criminal and civil statutes are discussed, as is relevant case law. Additionally, this article introduces a new Texas law governing the keeping of dangerous wild animals. </p>

This article provides an in-depth look at the intricacies of Texas animal cruelty laws. Both the criminal and civil statutes are discussed, as is relevant case law. Additionally, this article introduces a new Texas law governing the keeping of dangerous wild animals.

TX - Rehabilitation, wildlife - Subchapter C. Wildlife Rehabilitation Permits

Summary: This chapter of Texas regulations provide the requirements to obtain a wildlife rehabilitation permit. The qualifications to obtain a wildlife rehabilitation permit are also outlined. General facilities standards and inspection requirements are provided.

This chapter of Texas regulations provide the requirements to obtain a wildlife rehabilitation permit. The qualifications to obtain a wildlife rehabilitation permit are also outlined. General facilities standards and inspection requirements are provided.

TX- Circus, entertainment animals - Subchapter B. Care of Animals by Circuses, Carnivals, and Zoos

Summary: [Note: §§ 169.41 to 169.48 were repealed eff. Nov. 13, 2016. This information is provided for historical purposes only.] This set of regulations sets license conditions and fees for circuses, carnivals, and zoos that are regulated by the Department of Health Services and establishes standards regarding the care of animals maintained by those facilities. All circuses, carnivals, and zoos that are regulated by the United States Department of Agriculture under the Federal Animal Welfare Act are exempt from these regulations.

[Note: §§ 169.41 to 169.48 were repealed eff. Nov. 13, 2016. This information is provided for historical purposes only.] This set of regulations sets license conditions and fees for circuses, carnivals, and zoos that are regulated by the Department of Health Services and establishes standards regarding the care of animals maintained by those facilities. All circuses, carnivals, and zoos that are regulated by the United States Department of Agriculture under the Federal Animal Welfare Act are exempt from these regulations.
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