A relaxing walk in your neighborhood or a visit to a friend’s house can turn into a traumatic event in an instant. A dog bite can leave you with serious physical injuries, emotional distress, and mounting medical bills. In the aftermath, one of the most pressing questions victims ask is: who is liable for a dog bite in Texas? The answer isn’t always straightforward, but understanding the law is the first step toward protecting your rights and securing the compensation you deserve.
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At Joel A. Gordon & Associates, we have been helping injured Texans navigate complex personal injury claims since 1993. We understand the nuances of state law and are here to clarify your rights and options after a dog attack.
The “One Bite Rule”: The Foundation of Texas Dog Bite Law
Texas is one of the states that follows a legal doctrine commonly known as the “Texas one bite rule.” This rule can be misleading, as it doesn’t literally mean a dog gets one “free” bite before its owner is held responsible.
Instead, the rule establishes a standard for strict liability. An owner is considered strictly liable for injuries caused by their dog if:
- The dog had previously bitten someone or acted aggressively.
- The owner was aware of the dog’s previous aggressive behavior or dangerous propensities.
“Dangerous propensities” means the owner knew, or reasonably should have known, that their dog was likely to injure someone. This knowledge could come from the dog growling, snarling, lunging at people, or having a history of fighting with other animals. If these conditions are met, the victim does not need to prove the owner was negligent in any other way to hold them liable.
What if the Owner Didn’t Know the Dog Was Dangerous? Negligence Claims
Even if the ‘one bite rule’ doesn’t apply, you may still have a valid claim based on negligence. An owner can be held liable if their carelessness directly led to the bite. This is often an easier standard to prove.
Common examples of owner negligence include:
- Violating Leash Laws: Allowing a dog to run free in an area with a leash ordinance.
- Unsecured Property: Failing to properly restrain a dog in a fenced yard, allowing it to escape and attack someone.
- Ignoring Warnings: Failing to control a dog that is clearly agitated or aggressive in a public space.
If an owner’s failure to use reasonable care results in an injury, they can be held financially responsible for the damages.
“My Neighbor’s Dog Bit Me, What Are My Rights?”
This is a common and distressing scenario. If your neighbor’s dog bit you, your rights are the same as any other victim’s. You have the right to seek compensation for your injuries and losses. This can include payment for:
- Medical bills (emergency room visits, surgery, follow-up care)
- Lost wages from time off work
- Physical pain and suffering
- Emotional distress and trauma
- Scarring and disfigurement
Navigating a claim against a neighbor can be delicate, but your physical and financial well-being must be the priority. After seeking medical attention, it is crucial to understand your legal standing. Questions can arise at any hour, which is why our firm offers a 24/7 phone service to provide immediate guidance when you need it most.
Are There Other Parties Who Could Be Liable?
In some cases, liability may extend beyond the dog’s owner. Other parties who could potentially be held responsible include:
- Landlords: If a landlord knew a tenant was keeping a dangerous dog on the property and did nothing to have it removed or ensure it was properly secured, they could share liability.
- Property Owners: A business or property owner could be liable if a dog bite occurs on their premises and they were negligent in ensuring visitor safety.
- Animal Keepers: A non-owner who has “care, custody, or control” of the dog at the time of the attack (like a dog walker or kennel) could also be held responsible.
What to Do After a Dog Bite in Texas
The steps you take immediately following a dog attack are critical for both your health and any future legal claim.
- Seek Medical Attention: Your health is the top priority. Go to an emergency room or urgent care center immediately to have your wounds treated and reduce the risk of infection.
- Report the Bite: Contact your local animal control or police department to file an official report. This creates a formal record of the incident.
- Gather Evidence: If possible, get the dog owner’s name and contact information. Take photos of your injuries, the location of the attack, and the dog if it is safe to do so. Get contact details from any witnesses.
- Document Everything: Keep a detailed file of all medical bills, receipts for related expenses, and notes on how the injury has impacted your daily life.
- Contact an Attorney: Before speaking to any insurance adjusters, it is wise to seek legal counsel. Insurance companies aim to minimize payouts. An experienced lawyer can protect your rights and handle these communications for you. To understand the full scope of your options, you should consult with an experienced Houston dog bite lawyer.
How an Experienced Attorney Can Help
Determining who is liable for a dog bite in Texas requires a thorough investigation and a deep understanding of state law. An experienced personal injury attorney can manage every aspect of your case, from uncovering evidence of a dog’s dangerous history to proving an owner’s negligence.
With a nationwide reputation for results and a history of serving Texas since 1993, Joel A. Gordon & Associates has the experience and dedication to fight for the justice you deserve. We will handle the legal complexities so you can focus on your recovery. Contact us today for a free and confidential consultation to discuss your case.