Houston Dog Bite Injury Attorney
Generally, a Texas dog owner is not liable for any damages caused by the dog unless the dog’s owner knew the animal was dangerous and had a propensity to be vicious. However, in certain cases, a dog owner may be held liable for a dog victims injuries even if the dog has not previously attacked another person or if the dog owner or handler was negligent in taking care of the animal. Our Texas dog bite injury attorney at Ben Bronston & Associates can help answer you questions on if you are entitled to compensation after you have been injured by someone else’s dog.

Texas Law Concerning Dog Bites
Texas law does contain a specific statute about dog bites and who is liable for a dog-bite incident. Texas has a rule called the “one bite rule” that is meant to apply to personal injury cases involving dog bites. The one bite rule requires the plaintiff in a dog bite claim to prove two things:

• The dog’s owner knew that the dog had aggressive tendencies or had bitten at least one other person in the past, and the dog’s owner did not use proper care in keeping the dog from biting someone.
• That the owner’s negligence caused the injury.

Texas dog bite law also adheres to a rule called “strict liability.” Strict liability is when the dog that attacked was known to be dangerous and that the attack was due to the dog’s vicious nature. In cases of strict liability, the injured person does not need to prove the dog owner was negligent. Proving that owner knew the dog to be dangerous is enough for the owner to be liable for damages to the injured person. If you believe that you were injured by a dog that was previously known to be dangerous, contact one of our Houston dog injury attorneys today.

Dog Bite Statistics

In 2016, there were 31 fatalities relating to dog bites in the United States. Pit bulls were responsible for 71% of the 31 deaths and make up approximately 6% of the total U.S. dog population. A combination of attacks by pit bulls and attacks by Rottweilers made up 76% of all fatal attacks between 2005 and 2016.

Data from 2016 showed that 42% of the deaths related to dog bites were children 9 years-old or younger, and 58% of them were adults over the age of 30. Of all child fatalities, 31% were deaths of infants who were three to six days old. There was almost an equal number of female and male fatalities with 16 female deaths and 15 male deaths. If your child was bit by a dog, reach out to a Houston dog bite lawyer to help advise on your case.

Of all of the fatalities related to dog bites in the United States in 2016, Texas was in the group of the four states with the highest number of dog bite fatalities. Houston also came in 2nd for the city with the most dog attacks as reported by the United States Postal Service.

Banned Breeds in Texas

Many states have started banning pit bulls from the state and requiring current owners to take out liability insurance on their dogs. From 2005 to 2016, pit bulls killed 254 Americans, which amounts to about one citizen every 17 days. In 2016, pit bulls were responsible for 67% of the adult dog bite fatalities that took place in the United States.

For years, Texan citizens and lawmakers were extremely hesitant to create any dog bans. Pit bull advocates fought passionately against bans. While other states were creating legislation to keep certain dog breeds, specifically pit bulls, from being in their state, Texas was holding back.

Currently, five Texas cities and counties have laws that target dogs. Childress has a law stating that residents cannot adopt pit bulls, chow chows, and wolf hybrids out by the city. Forest Hill has officially declared pit bulls “dangerous.” Garland restricts pit bulls and American bulldogs. Madisonville City is banning pit bulls. Magnolia is presuming pit bulls are “dangerous.”

Texas Dog Bite Liability

As mentioned before, Texas follows the “one bite rule.” Along with the one bite rule, however, the victim of a dog bite can file a negligent handling action. A negligent handling action claims that the owner was acting irresponsibly.

To win a negligent handling claim, a victim must prove four things: the defendant owned the dog; the defendant had a duty to keep the dog from endangering others; the defendant failed to uphold that duty; the defendant’s failure to uphold his or her duty caused the injury. Speak to one of our Houston dog bite lawyers with any questions regarding a negligent handling case.

Anytime dog owners have their dogs around people, they have a duty to keep everyone around the dog reasonably safe from any damage the dog could do. A dog owner allowing his or her dog to injure someone is failing in that duty and that failure would most likely make them liable for the injury.

Understanding Comparative Fault

Texas law adheres to the comparative fault rule. The comparative fault rule gives the court the ability to consider each party’s responsibility when assigning damages. For example, if the court determines that you are 20% at fault for the dog bite that caused your injury, the court will reduce your compensation by 20%. The court will still award the plaintiff some amount of compensation as long as they are less than 51% at fault for the incident. Shared responsibility could come from the injured person teasing the dog or inciting their outburst in some way.

Statute of Limitations for Dog Bites in Houston

Like most other states, Texas has a specific statute of limitations on dog bite cases. In Texas, you are allowed to file a claim against the owner within two years of the dog bite incident. While two years may seem like a long time, it can be difficult for victims to consider a lawsuit during their recovery. If you or a loved one has suffered a dog bite injury, it’s important to speak with a Houston dog bite injury attorney sooner rather than later.

Were you recently bit or attacked by a dog? Contact one of of the Houston dog bite injury lawyers at Ben Bronston & Associates to learn how we will get you the compensation you deserve.

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