Texans are dog lovers. Texas has roughly 7.8 million companion dogs, but the Lone Star State’s dog-loving culture has a drawback. Texas has one of the country’s highest dog bite claims rates.
Whether on purpose or not, dogs—even gentle or elderly dogs—always hurt people. A dog bite attorney in Austin can help you understand your legal options if you pursue a dog attack injury claim.
The “One Bite” rule in Texas.
A civil statute that directly addresses an owner’s responsibility for harm brought on by their animal’s aggressive behavior does not exist in Texas.
Texas does have a “One Bite” restriction, though. Essentially, the owner is said to be aware of their dog’s violent tendencies following its first attack or biting occurrence. This is not a pass; instead, it is a sign that the likelihood of an owner being liable for failing to stop a subsequent bite is higher if their dog has previously bitten someone. Even though the dog has never bitten anyone, other situations could hold the owner of the dog accountable.
The Texas dog owner responsibility law applies to injuries not caused by bites. For instance, a parent might file a lawsuit against the dog’s owner if a considerable dog knocks a youngster to the ground and causes them to break a bone.
What Qualifies as a Dangerous Dog Under Texas Law?
Texas law defines a “dangerous dog” as 1. attacking a person without provocation and inflicting bodily harm or 2. assaulting someone outside their secure enclosure.
When a dog’s owner learns that the dog is dangerous, they have 30 days to register the dog with the local animal control agency, keep it in an enclosure or on a leash at all times, and get $100,000 in liability insurance.
Identifying Liability in a Dog Bite Case in Texas
A Personal injury lawsuit must demonstrate that the defendant was careless and violated their duty of care.
To win a dog attack lawsuit, the victim must prove the following:
- The dog’s owner knew the dog was aggressive or had bitten someone in the past;
- The owner had a duty to exercise reasonable care to control the dog’s behavior
- The person was injured as a result of the owner’s negligent failure to fulfill that duty.
Finding proof of previous assaults or aggressive behavior might help prove a point. This may entail speaking with the neighborhood animal control office, interviewing witnesses, or collecting opinions from professionals who study animal behavior.
For this reason, even if the incident seems small, it is crucial to contact an Austin dog bite lawyer after being bitten by a dog. For you to receive compensation for your injuries sustained in a dog attack, our attorneys have the tools and expertise to perform an appropriate investigation.
However, negligence can exist even if a dog has never injured someone. There is no “one-bite rule” when the dog is one of several deadly breeds. Another way to get around the one-bite limit is to have a dog in a situation that is likely to cause difficulty.
Potential Denials to Your Dog Attack Claim
Dog owners may dispute your claim by claiming that:
- They were unaware of the dog’s dangerous tendencies;
- You were trespassing at the time of the assault or bite;
- You provoked the dog and are therefore partially to blame for your
The owner may offer counter-evidence to show they just weren’t aware (and had no reason to think) that the dog was “that kind of dog,” as many Texas dog bite claims require the victim to demonstrate that the owner had prior knowledge of the dog’s aggressive tendencies.
The dog owner may effectively argue that the victim bears some responsibility for the attack or that they should not be held responsible if the victim was trespassing and had no legal right to be on the property when attacked.
The accused can even allege that the victim provoked the dog somehow. They may be able to lower the damages they must pay or win the case entirely if they successfully prove that the victim contributed to the attack by acting recklessly. However, if a child was the victim, this defense might not be effective because young children might not understand or know better, making them exempt from responsibility for their conduct.
Texas has intricate dog bite regulations that can change significantly depending on the situation. An Austin dog bite lawyer can assist you in defending against any counterarguments that a dog owner (and their insurance company or their attorneys) might prepare if someone else’s dog has injured you and you are considering suing the owner.
