Texas Dog Bite Laws

September 23, 2024 | Uncategorized

Dog bites are dangerous for multiple reasons. They can be painful, disfiguring, and complicated if infection forms. When you are attacked by another person’s dog, you need to know what Texas dog bite laws are and how you can get the restitution you are owed as a result of the dog bite. An Austin personal injury lawyer from the Bonilla Law Firm can help you fight for compensation.

Texas Is a One-Bite Rule State

One of the first things to understand about Texas dog bite laws is that the state has a one-bite rule. In these situations, a dog’s owner is strictly liable for any injuries their dogs inflict on others. If the owner had no idea that the dog would bite someone because it had never happened before, then the owner may not face as serious of charges.

This means that if a person is a dog owner, under Texas law, the victim can pursue liability claims against the dog’s owner. This often falls under their home insurance liability coverage. If the damages are significantly higher than what the insurance company provides in liability coverage, you may seek legal action to gain access to assets. You must prove that the dog owner was negligent in their care for the dog to reach this level.

Under this law, a dog owner can still be held accountable for the losses their dog causes to others, even if it is the first time. That means that if a dog bites a neighbor, the neighbor can file a claim for any losses suffered because of the dog owner.

How to Prove Negligence in a Dog Bite Case in Texas

To seek compensation for your injuries, work with a dog bite attorney. It is by far one of the best routes to reducing the risk of your case being thrown out or the insurance company not taking you seriously.

Texas law allows victims to pursue a claim against the dog owner if they can prove the owner was negligent in some way. As the victim, it is up to you to prove this happened. Some examples of negligence you must improve include:

• The person named as the owner either owned or possessed the animal.
• The defendant owed the victim a duty of care. For example, you walked into a neighbor’s yard because you were welcome to do so.
• In some way, the defendant breached their duty.
• The breach of their duty directly led to the incident, which caused you substantial pain and other losses.

Understanding negligence is just one component of this process. Since the burden of proof is on you, the victim, you need to be sure you have evidence to back up such a claim. Consider these examples of how a dog owner can be negligent.

• The dog was not in an enclosed area, such as a backyard, and escaped into the street.
• The dog was given free roam because they left the house door open.
• The dog was in a park, walking along the road, or otherwise out in public without a leash on.
• The owner was not paying attention to the dog in a dog park, and it attacked another person.
• An owner failed to warn about the dog being at risk of biting.

Know Your Rights Under the Law

Under Sections 821.102 and 821.103 of the Texas Health and Safety Code, dogs must be restrained when they are outside with their owners. If they are in the backyard unattended, then the property owner must have some way of keeping that dog within that space.

Also note that in order for a dog to be left unattended outside, the law requires that there be no standing water or animal waste present, and the dog must have shelter, shade, and clean water to drink. Owners cannot use heavy weighted chains on the dog as well in most situations.

How a Dog Owner May Defend Against Such Claims

If you were bitten by a dog, the owner may try to reduce their negligence claim using one of several methods.

• Provocation: One of the most common defense strategies used by dog owners is stating that the dog was provoked in the incident. For example, if the dog was hurt, teased, tormented, or abused, that may lead to the dog biting, and it may not be the responsibility of the owner to cover medical losses.
• Trespassing: Another very common situation occurs when the dog owner claims that there was no breach of duty of care because the victim was on the property illegally. If you are determined to be trespassing, such as entering a property without permission, that could mitigate the risks of the dog owner.

In situations like this, it becomes your responsibility as the victim to prove that you did not trespass or provoke the dog. This can come down to using evidence to evaluate who was in the wrong in this particular situation.

What to Do If You Were Bit By a Dog?

Take dog bites seriously. To do this, go to the doctor and get the names and contact information of anyone who was involved or witnessed the incident. Follow up with all medical care. Then, hire an attorney.

Texas dog bite laws are complex, but they are there to protect victims from suffering an injury due to the negligence of a dog owner. As a result of this, you may have the right to pursue financial compensation against the dog owner if you can prove they were negligent. Let your attorney guide you:

• Let us help you build your case based on available evidence.
• Our attorneys will help you estimate the value of your claim based on your physical and emotional injuries.
• Your attorney will guide you in seeking fair compensation after your accident, such as ensuring you are not harassed by the insurance company.

When you suffer a dog bite, it is critical to know the burden of proof is on your shoulders. With the help of a dog bite attorney, you increase the ability to recover the damages owed to you.