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Tresspass in Texas
My question involves criminal law for the state of: Texas
New to the site and came with a question.
A person was sent to my house to look at an issue with the sprinkler system they recently installed. The owner of the company sent an email Tuesday night, saying that he could have someone there tomorrow morning at 8. Because he sent the email so late, I didn't see it and was at work when the person arrived. When we came home that afternoon, my dog was missing.
I called the owner and he said the worker was sent to the house, looked around for the issue but didn't do any work. When I told him about the dog he called the worker who said something like, "I saw the dog in the window, but never saw him come out of the dog door." Which means he was in my backyard and must have gone through the gate.
Is there anything I can do? Still missing the dog.
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Re: Tresspass - Texas
Was part of sprinkler system installed in the back yard? If so and you asked that they investigate an issue, that could reasonably be construed as granting permission to go anywhere the system was in order to troubleshoot. Had you stated no one is to come unless I am home, you might have a case. Heck, you might still be able to convince a prosecutor to charge trespassing but not likely.
It's possible the dog got out and the worker is trying to cover his butt, or it may simply have darted past him and he had no chance to stop it. I guess you could sue for the replacement value of the dog if it doesn't turn up. Or are you implying the worker stole your dog? That is a serious accusation to make without evidence.
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Re: Tresspass - Texas
Thanks for the quick response!
The sprinkler system is in the backyard as well.
I know the worker is covering his butt. It is a 13 year old dog, so "darting" is no longer an option. :)
Thanks again.
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Re: Tresspass - Texas
If that's the case, you would need to pursue it civilly unless you are contending he either a. stole it or b. injured/killed it for some reason. Both of those are going to require some kind of evidence.