I'd like to go after a guy whose dog got out and tore up some fencing and another dog. But it wasn't the guy's conduct but his dog's that causes the damage. Can I get there?
Posts: 61 | Location: Anson, Texas, USA | Registered: November 13, 2001
Of course, it is the owner that must have been reckless in causing the result. Was the dog's owner aware of, but consciously disregarded, a substantial and unjustifiable risk that the damage would occur? A tough one--especially without knowing any facts. But if a person with a car or a gun caused the damage, wouldn't they be subject to prosecution under the statute? The medium is different, but the dog's culpable mental state is not at issue either.
Posts: 444 | Location: Austin, Texas, USA | Registered: January 06, 2010
You really want to convert a civil cause of action into a crime? Unless the guy was standing there ordering the dog to engage in the destruction, I would resist that effort.
My first (deleted) response, JB, was this is a civil cause of action. But my analogies made me think otherwise. The dog doesn't have to be ordered to do anything. If there is a history of the owner's indifference to his dog escaping and causing damage, a Class C might serve as a valuable lesson.
What if a person had a dangerous bull that damages property when out of its enclosure but the owner just doesn't give a damn whether the bull gets out and destroys the neighbor's car. In fact, he thinks it is rather funny! Sure a civil case would lie, but when does it become a criminal matter? We can disagree philosophically about the applicability of prosecuting in close cases, but that doesn't mean the criminal law couldn't be applied.
[This message was edited by John A. Stride on 02-03-11 at .]
Posts: 444 | Location: Austin, Texas, USA | Registered: January 06, 2010
It sure looks and smells civil to me. The canine is not as wholly under the control of the actor as, say, a car or firearm. If it was his kid who got out and tore up stuff...and the kid was too young for Juvie court...would it be criminal?
