If you were bitten or attacked by a dog in Texas, you may wonder whether the dog’s owner can be held responsible for your injuries. Texas does not have a simple statute that automatically makes a dog owner liable for every bite. Instead, liability can depend on the circumstances of the attack, the owner’s knowledge of the dog’s behavior, negligence, and other applicable Texas law.
Texas also has specific laws concerning dangerous dogs. Under Texas Health and Safety Code § 822.041, a dog may be considered dangerous if it makes an unprovoked attack that causes bodily injury or engages in certain unprovoked conduct that causes a person to reasonably believe the dog will attack. If you are searching for a Houston personal injury lawyer near me, our attorney can help you understand how Texas dangerous-dog laws may apply to your situation.
What Is the One-Bite Rule?
Texas is commonly described as following a “one-bite rule” for certain dog bite claims. This generally means that a dog’s owner may be held responsible when the owner knew or had reason to know of the dog’s previous dangerous behavior.
A prior bite is not necessarily required in every case. Evidence that the owner knew about other dangerous behavior may also be relevant when determining whether the owner had reason to anticipate that the dog could cause harm.
Is a Dog Owner Always Liable?
No. A dog owner is not automatically liable simply because their dog injured someone.
A civil claim may depend on factors such as whether the owner knew about the dog’s dangerous tendencies, whether the owner acted negligently, where the attack occurred, and what caused the injury. The facts surrounding the incident can therefore be important when determining liability.
What Does Texas Law Say?
Texas Health and Safety Code Chapter 822 contains laws concerning dangerous dogs and attacks by dogs. These provisions address issues such as dangerous-dog classifications, secure enclosures, registration requirements, and certain attacks that cause serious bodily injury or death.
For example, § 822.005 creates a criminal offense in certain circumstances when an owner, with criminal negligence, fails to secure a dog and the dog makes an unprovoked attack causing serious bodily injury or death. The statute also addresses attacks involving dogs that the owner knows are dangerous.
Read Related: What Is a Personal Injury Lawsuit in Texas?
What Is a Dangerous Dog?
Under Texas Health and Safety Code § 822.041, a dangerous dog includes a dog that makes an unprovoked attack causing bodily injury outside a qualifying enclosure. The definition can also apply when a dog’s unprovoked acts cause a person to reasonably believe the dog will attack and cause bodily injury.
Texas law places specific requirements on owners of dangerous dogs. Under § 822.042, an owner who learns that they own a dangerous dog generally must register the dog, keep it restrained as required, and maintain liability insurance or demonstrate financial responsibility of at least $100,000 for certain bodily-injury damages.
Can You Sue After a Dog Bite?
You may be able to pursue a personal injury claim after a dog bite when the facts support legal liability. A claim may seek compensation for losses such as medical expenses, lost income, physical pain, mental anguish, disfigurement, and other damages recognized under Texas law. The specific damages available depend on the circumstances and applicable legal requirements. If you were injured in a dog attack, a personal injury attorney Houston, TX can review the circumstances and explain what legal options may be available.
What If the Owner Says It Was Your Fault?
The circumstances surrounding the incident can matter if the dog owner argues that you contributed to your injuries. Texas uses proportionate responsibility in claims to which Chapter 33 of the Texas Civil Practice and Remedies Code applies. Under § 33.001, a claimant whose percentage of responsibility is greater than 50% generally cannot recover damages in an action covered by that chapter.
If the claimant is 50% or less responsible, damages may generally be reduced according to the claimant’s percentage of responsibility under § 33.012.
What Evidence Helps a Dog Bite Claim?
Evidence can help establish what happened and whether the owner may be legally responsible. Important evidence may include photographs of the injuries, medical records, photographs of the location, witness information, animal control reports, and communications with the dog’s owner.
Information about the dog’s previous behavior may also be relevant. If the owner knew the dog had previously behaved aggressively or attacked someone, that information may be important when evaluating the claim.
How Long Do You Have to File?
Texas generally requires a personal injury lawsuit to be filed within two years after the cause of action accrues under Texas Civil Practice and Remedies Code § 16.003, subject to exceptions and other applicable rules.
Because the deadline can depend on the specific circumstances, it is important to determine which limitation period applies to your particular claim rather than assuming that every case follows the same deadline.
What Should You Do After a Dog Bite?
After a dog bite, seek appropriate medical treatment and keep records of your injuries and treatment. If possible, photograph the wounds and the location where the attack occurred.
You should also obtain information about the dog and its owner and report the incident to the appropriate local animal control authority when required. Preserve any witness information, photographs, video, medical records, and other evidence related to the attack.
When Should You Contact a Lawyer?
Consider speaking with our personal injury lawyer Houston if you suffered significant injuries from a dog bite, the owner disputes responsibility, or you believe the dog had previously shown dangerous behavior.
Our attorney can review the circumstances of the attack, available evidence, potential liability, and the damages associated with your injuries.
Get Help With a Dog Bite Claim
The dog bites law in Texas can depend on more than whether a dog actually bit someone. Texas law considers issues involving the dog’s prior behavior, the owner’s knowledge, negligence, dangerous-dog requirements, and the circumstances of the attack.
If you were injured by a dog in Texas, understanding the circumstances of the attack and preserving evidence can be important to your claim. The Law Office of Michael Bates can review your situation and explain the legal options that may be available. Call (832) 346-2311 to discuss your potential claim.
