A dog bite is a bite upon a person or other animal by a dog, including from a rabid dog. In general, dog owners are responsible for the actions of their pets, including dog bites. They may be held liable for injuries, medical expenses, and other damages resulting from the bite.
Provocation and trespassing
In some cases, dog owners may not be held liable if the injured party provoked the dog or was trespassing on the owners’ property at the time of the incident.
Texas Dog Bite laws
The state of Texas has an overarching one-bite law. It requires the victim to prove a dog has bitten another person in the past, or that the owner knew about the dog’s ability to cause harm. It’s also possible to file a claim against the owner due to negligence.
In negligence-based dog attack cases, the injured party (plaintiff) must prove that the dog owner (defendant) was negligent in their actions or failure to act, which directly led to the dog attack and the resulting injuries. Negligence means that the dog owner failed to take reasonable care to prevent the dog from causing harm. This includes:
- Failure to restrain
- Violation of leash laws
- Inadequate supervision
- Failure to warn
- Ignoring dangerous propensities
The plaintiff must be able to establish the following elements as well.
- Duty of Care
- Breach of duty
- Causation
- Damages
The state of Texas follows a strict “one bite” rule. This means that the owner can be held liable for damages caused by the animal, however, if the animal has never bitten anyone before, then the injured person must prove that the animal was vicious before they can recover injuries.
Contact us Today
If you or a loved one have been injured in a dog bite, our dedicated team of Houston lawyers is here to help. At Borunda and Fomby PLLC, we have over 30 years of combined experience helping clients recover physically and financially from all types of personal injury cases.
Contact us today for a free consultation to discuss your case and learn more about your legal options. You can email us at info@txinjuryadvocates.com or call us at (281) 846-4229 or fill out our online contact form to get started.
