Getting attacked by someone else’s dog can be terrifying, causing long-term injuries, disfiguration, and in some cases, death. Understanding your rights when it comes to dog bite injuries can be helpful in getting through this difficult time.
If you have suffered from a dog bit injury, you should talk with a dog bite injury attorney to get the piece of mind you need to work through recovery. In the meantime, we’ve put together a short primer on dog bite laws in Texas, so you can be better prepared to fight for your rights.
Texas is a “One Bite Rule” State
For the past forty-plus years, Texas has adhered to the one-bite rule, following the Texas Supreme Court case Marshall v. Ranne. Based on the holding in this case, a victim of a dog bite injury can obtain compensation from the owner or keeper of a dog if:
- the dog previously bit someone or behaved as if it wanted to; and
- that person was aware of the dog’s prior behavior.
In short, if the owner or keeper knew that the dog bit someone before or behaved aggressively towards someone before, and that dog bites you, you can recover for money from that person for your injuries. It is said that the owner or keeper is “strictly liable” in these types of cases.
Negligence Theory of Liability
The Marshall case also provided for another way for dog bite victims to recover for their injuries, especially if the dog in question had not previously attacked another person. This other theory of recovery is known as negligent handling. Negligence is defined as a lack of ordinary care, or the care a reasonably prudent person would have in the same situation.
In order to recover under a negligence theory for a dog bite injury, you must prove that:
- the defendant owned or otherwise kept the dog that bit you;
- the defendant had a duty to show reasonably care in preventing the dog from attacking others;
- the defendant breached that duty; and
- that breach proximately caused your injury.
Again, you do not have to prove that the dog had a history of biting other people or behaving in a vicious manner.
Violating Animal Control Laws
Another way in which the victim of a dog bite can recover is through negligence per se. Negligence per se is found when the owner or keeper of a dog violates animal control laws by allowing the dog:
- to walk without restraint when it, by law, should be leashed
- to trespass
- to roam freely
In order to prove negligence per se, you must prove that the owner or keeper violated the statute or ordinance and that the violation caused your injuries.
Failing to Stop a Dog Attack
A person may be held liable for dog bite injuries if they fail to stop a dog attack in progress. This liability may hold, even if negligence is not proven and the dog has never attacked anyone.
If you or someone you love has been injured by someone else’s dog, they may have the right to seek monetary compensation for those injuries. Talk to a Texas dog bite injury lawyer to ensure you get all that is due to you. Contact our office at 361.LAWYERS (361-529-9377) today for a free initial case consultation.
