Have you been injured from a dog bite or attack?

There are a number of causes of action available to the victim of a dog attack in Texas. They include negligence, causing a dog bite by violating an animal control law, failing to stop a dog attack that is in progress, and keeping a dog that is known to be vicious.

Dog owners in Texas may face civil liability if their dog attacks someone. In addition, under the Dangerous Dog Act, the owner of a “dangerous dog” may be criminally charged with a Class C misdemeanor if the dog makes an unprovoked attack on someone outside the dog’s enclosure and causes bodily injury to that person. The Dangerous Dog Act also authorizes felony charges against the owner of a “dangerous dog” if the owner either (a) with “criminal negligence” (as defined in the Texas Penal Code), fails to secure the dog and the dog makes an unprovoked attack on someone at a location other than the owner’s property, vehicle, or boat and causes serious bodily injury to that person, or, (b) knows the dog is a “dangerous dog” and the dog makes an unprovoked attack on someone at a location other than a secure enclosure in which the dog is restrained, and causes serious bodily injury to that person.

A “dangerous dog” for purposes of the Dangerous Dog Act is defined as a dog that either (a) makes an unprovoked attack on a person that causes bodily injury or (b) commits unprovoked acts that cause a person to reasonably believe the dog will attack and cause bodily injury. A dog is not a “dangerous dog” if the unprovoked attack occurred in an enclosure that is reasonably certain to prevent the dog from leaving the enclosure on its own.

In the State of Texas, reporting a dog bite is not mandatory by law. However, reporting a dog bite to the local authorities is recommended because it enables the animal to be tested for rabies and documents the occurrence of the bite/attack. Reporting the incident also may help prevent future attacks by the same dog. To understand your rights and responsibilities in this situation, it is advisable to consult with a personal injury lawyer.

Yes, Texas follows the “one-bite rule”. This rule means that dog owners are charged with awareness of their dog's tendency to bite after the first incident in which the dog either bites someone or acts like it wants to bite someone. If an owner fails to prevent a subsequent bite, they may be held strictly liable for the injuries inflicted by the dog.

Under the one bite rule, the victim of a dog bite can recover from the owner, harborer, or keeper of a dog under a strict liability theory if (a) the dog previously had bitten a person or acted like it wanted to, and (b) the owner or possessor of the dog was aware or had reason to know that dog had dangerous propensities abnormal to its class. If either of those conditions are not met, the owner or possessor of the dog will not be strictly liable to the dog bite victim. The “one bite rule” shields a dog owner from liability each time one of the owner’s dogs bites a person for the first time unless it can be shown that the owner knew that the dog had the propensity to bite people without justification. Stated another way, the owner of a dog is not liable for injuries caused by the dog unless the dog is vicious and knowledge or constructive knowledge of that fact is shown on the part of the owner.

The Texas Health and Safety Code codifies the Texas Dangerous Dog Act and regulates the keeping of “dangerous dogs”. Under the Dangerous Dog Act, the owner of a “dangerous dog” may be criminally charged with a Class C misdemeanor if the dog makes an unprovoked attack on someone outside the dog’s enclosure and causes bodily injury to that person. The Dangerous Dog Act also authorizes felony charges against the owner of a “dangerous dog” if the owner either (a) with “criminal negligence” (as defined in the Texas Penal Code), fails to secure the dog and the dog makes an unprovoked attack on someone at a location other than the owner’s property, vehicle, or boat and causes serious bodily injury to that person, or, (b) knows the dog is a “dangerous dog” and the dog makes an unprovoked attack on someone at a location other than a secure enclosure in which the dog is restrained, and causes serious bodily injury to that person.

A “dangerous dog” for purposes of the Dangerous Dog Act is defined as a dog that either (a) makes an unprovoked attack on a person that causes bodily injury or (b) commits unprovoked acts that cause a person to reasonably believe the dog will attack and cause bodily injury. A dog is not a “dangerous dog” if the unprovoked attack occurred in an enclosure that is reasonably certain to prevent the dog from leaving the enclosure on its own. If a dog owner violates the Dangerous Dog Act and you are injured as a result of an attack by a “dangerous dog”, you may have grounds to file an action for “negligence per se” against the dog owner.

While there is no statewide "leash law" in Texas, some cities or counties have leash laws that require dog owners to keep their dogs restrained in public areas. This may include using a leash or muzzle. Additionally, some jurisdictions prohibit dog owners from allowing their dogs to roam freely. If a dog owner violates one of these local leash laws and you are injured as a result of the violation of the leash law, you may have grounds to file an action for “negligence per se” against the dog owner.

The elements of a cause of action for injury caused by the negligent handling of a dog are the following: (a) the defendant was the owner or possessor of the dog; (b) the defendant owed a duty to exercise reasonable care to prevent the dog from injuring others; (c) the defendant breached that duty; and (d) the defendant’s breach of that duty proximately caused the plaintiff’s injury.

With respect to the issue of the existence of a duty, the defendant generally owes a duty to exercise reasonable care to prevent its dog from injuring others. This duty includes being aware of circumstances that might cause an ordinarily gentle dog to attack other animals or people. A landlord has a duty to a tenant injured by a dog in a common area if the landlord (a) had control over the common area and (b) had actual knowledge that the dog had vicious propensities. A landlord also has a duty to a non-tenant injured by a dog on the tenant’s leased premises if the landlord (a) had actual knowledge that the dog was on the leased premises; (b) had actual knowledge that the dog had vicious propensities, and (c) had the ability to control the premises. When an injury occurs on the defendant-landowner’s property, the claim may need to be pleaded as a premises liability claim and in that instance, the duty owed by the defendant will depend on whether the plaintiff was an invitee, licensee, or trespasser.

To demonstrate that the defendant breached its duty, the plaintiff must present evidence showing that the defendant did not exercise the same degree of care that a reasonably prudent person would have used in handling the animal. Examples of allegations of negligent handling include the following: (a) not attempting to stop dogs from continuing to attack a person after the attack had begun; (b) leaving a dog tethered to the front of a house in such a manner that makes the dog aggressive; or (c) not keeping a dog under restraint at all times when required to do so by a municipal ordinance.

“Proximate cause” requires showing both cause-in-fact and foreseeability. A dog’s propensity to be dangerous can be a factor in determining foreseeability.

Dog bites can cause a range of injuries, from minor cuts and scratches to serious, life-threatening harms that can have lasting physical and emotional effects. The injuries commonly resulting from dog bites include scarring, which can be permanent and have a significant impact on a person's life if it is severe and located on a visible area such as the face. Infections like rabies and Tetanus can also occur, and these can be extremely dangerous. Rabies is a virus that spreads through the saliva of infected animals and can cause inflammation of the brain, while tetanus is a bacterium that causes muscle tightening throughout the body. Both require prompt medical attention.

If you are attacked by a dog, your health should be your top priority. Call emergency services immediately if you are bleeding profusely. If the bleeding does not present an imminent risk to your life, attempt to stop the bleeding and seek medical attention as soon as possible. It's important to identify the animal that bites you, as this will help determine the course of treatment required and may prevent you from having to undergo painful rabies shots. If the bite is deep, you may need stitches to prevent scarring. Collect information from any witnesses and the dog owner, including their insurance details, if applicable. Follow the doctor's advice and take any prescribed medication as directed. If you experience any complications or nerve damage, seek medical attention immediately. Avoid discussing responsibility for the attack with the owner, and do not agree to interviews or recordings with any insurance company for the owner until after you have had an opportunity to discuss your injuries with an attorney.

We are interested in cases involving unprovoked dog attacks where the facts reveal a colorable argument that the dog owner knew or had a reasonable reason to know of the dog’s propensity for violence.

In Texas, the statute of limitations for filing a personal injury lawsuit, including cases involving dog bites, is two years from the date of the incident. It's important to note that the clock starts ticking from the moment the bite occurs. Failure to meet this deadline could result in the dismissal of your case without the court deciding the merits of your claim.

The damages recoverable in cases arising from injuries suffered in a dog bite/attack are similar to the types of injuries available in other personal injury actions. Available remedies include the potential recovery of actual damages (such as past and future medical expenses, pain and suffering, mental anguish, disfigurement, physical impairment/loss of enjoyment of life, lost wages/loss of earning capacity, and any damages for harm to personal property), exemplary/punitive damages, prejudgment, and post-judgment interest and court costs.