Most Texans love dogs, and they’re everywhere—whether in our neighborhoods, parks, or homes. However, even the friendliest dogs can sometimes bite, and when they do, the consequences can be severe—physically, emotionally, and financially. If you’ve been bitten by a dog in Texas, you might be left wondering: What are my legal rights, and can I get compensation for my injuries?
In this article, we’ll walk you through everything you need to know about dog bite laws in Texas, how liability works, and how a Texas dog bite lawyer can help you seek justice.
Texas’ “One Bite” Rule: What It Means for Dog Owners and Victims
Texas follows the “One Bite” rule, which means that after a dog bites someone once, the owner is considered “on notice” of the dog’s potential for aggression. From then on, the owner has a duty to prevent future attacks. If the dog bites again, the owner could be held liable for the injuries.
However, the “One Bite” rule doesn’t give owners a free pass. Even if the dog has never bitten anyone before, an owner can still be held liable if they were negligent in controlling the dog or failed to take reasonable precautions, especially if the dog belongs to a breed known for aggression.
When Can a Dog Owner Be Held Liable, Even Without Prior Bites?
Even if a dog has never bitten anyone, an owner can still be held liable for injuries in certain situations. For example, if a large dog knocks a child down and causes broken bones or other injuries, the child’s parents may be able to file a claim against the owner for negligence. This also applies if a dog causes harm in other ways, like knocking someone down or causing property damage.
If the dog has a history of aggressive behavior or belongs to a breed known for aggression, the owner may be held to a higher standard of care to ensure the dog doesn’t hurt others.
What Makes a Dog “Dangerous” in Texas?
Under Texas Health & Safety Code, a dog may be considered “dangerous” if it:
- Makes an unprovoked attack on a person causing bodily injury.
- Commits unprovoked attacks in a place other than its secure enclosure (such as in public).
Once an owner knows their dog is dangerous, they are required to take specific actions, including:
- Registering the dog with local animal control.
- Keeping the dog confined or on a leash.
- Carrying liability insurance to cover potential damages.
These laws are in place to protect public safety. Be aware that cities like Houston may have additional regulations for dangerous dogs.
How to Prove Liability in a Houston Dog Bite Case
To succeed in a dog bite claim, you need to prove that the owner is liable. Evidence is crucial, and your lawyer will gather it for you. Key evidence might include:
- Witness testimony from those who saw the attack.
- Dog bite reports from animal control or police.
- Statements from animal behavior experts or veterinarians.
Even if the dog has no history of biting, the owner can still be held liable if they were negligent in other ways—such as allowing a dangerous breed to roam free in a crowded area. A Houston dog bite lawyer can help you collect the right evidence and ensure the owner is held accountable.
Common Defenses in Dog Bite Cases
Dog owners often present certain defenses to avoid liability, such as:
- Lack of knowledge: The owner may claim they had no idea their dog had aggressive tendencies.
- Trespassing: The owner may argue that you were on their property without permission, and therefore, they aren’t liable.
- Provocation: The owner might claim you provoked the dog, either intentionally or accidentally.
In Texas, the law is clear: Children under 5 years old cannot be held responsible for their actions, including provoking a dog. If a child is the victim, they can’t be blamed for provoking the dog.
Why You Should Contact a Texas Dog Bite Lawyer
If you’ve been injured by a dog, it’s essential to speak with a skilled Texas dog bite lawyer. A lawyer can help you understand your legal rights, investigate your case, and collect crucial evidence. They can also help you navigate the complex legal process, ensuring you get the compensation you deserve.
An experienced lawyer will:
- Investigate the dog’s history and the owner’s actions.
- Interview witnesses and consult with animal behavior experts.
- Help you pursue compensation for medical bills, lost wages, pain, and suffering.
A Texas dog bite lawyer can also defend against any counterarguments the dog owner may raise, making sure you get the justice you deserve.
Reach Out Today
If you’ve been hurt by a dog in Texas, you don’t have to go through it alone. Texas dog bite laws can be complicated, but with the right legal help, you can understand your rights and pursue fair compensation. Whether the dog had a history of aggression or this was its first attack, a Texas dog bite lawyer can guide you through the legal process.
Don’t wait—if you’ve been injured by a dog, contact Matthew Dillahunty, an experienced Texas dog bite lawyer, today. Call 832-450-2290 to discuss your case and get the legal support you need.