What is Negligent Handling
A dog bite victim in Texas may recover compensation for their dog bite injuries on the grounds of negligence. So what exactly is negligence? Negligence is considered the lack of ordinary care, the absence of the kind of care a reasonably prudent and careful person would exercise in similar circumstances. If a dog owner fails to handle their dog as a reasonable, prudent individual, a dog bite victim may initiate a negligent handling action. For example, a reasonable, prudent individual wouldn’t allow a stray dog into a yard where young children are playing.
To recover a negligent handling claim, a plaintiff must prove all that the defendant did the following:
This type of action has an advantage because there is no need to demonstrate that the owner knew the dog’s vicious tendencies.
Texas’s negligence rule does not only apply to dog bites. It will also apply to other types of injuries that dogs cause. For example, if a large dog jumps on an older adult, knocks them down and causes a fracture, the injured person may bring a claim for damages against the dog’s owner. Once again, it must be proven that the dog’s owner knew the dog was aggressive or that the owner failed to use reasonable care to prevent the dog from causing harm to others.
Negligence per se
If an individual violates a law and causes an injury in which that law was designed to prevent, that individual may be presumed to have acted negligently. The negligence per se doctrine comes in to play in dog bite cases when a dog owner violates animal control laws such as requiring dogs to be on a leash.
A dog bite lawyer can help a victim prove the following:
Texas Dog Bite Laws: The Basics
This article focuses on civil liability for dog bites, but a discussion of criminal penalties has been provided. The chart below provides a helpful, plain language summary of statutes that comprise Texas dog bite laws, with links to important code sections.
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Statutes |
Texas Health and Safety Code:
Texas Penal Code:
Texas Civil Code:
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Dog Bite Liability   |
If the dog has never bitten anyone before and the owner had no reason to believe that the dog was dangerous, then it will be up to the victim to prove negligence in order to recover. If the owner had reason to know that the dog was dangerous, then the owner is strictly liable for the injury caused. |
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Possible Penalties and Sentencing |
Civil Liabilities: If the owner didnt know the dog was dangerous, they may be liable for the percentage they are deemed at fault. If the victim is deemed to be more than 50% at fault, there is no liability. (Texas Civ 33.001) If the owner had reason to know the dog was vicious, then the owner is liable for all damages caused. Criminal Penalties: Criminal negligence or previously determined dangerous dog (Texas H&S 822.05):
Attack by a dog determined to be dangerous (Texas H&S 822.044):
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Possible Defenses |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
What Happens if my Dog Bites Someone? A Legal Perspective
Many states have strict liability statutes on injuries caused by dog bites. Texas, however, has no such statute. Instead, the “one bite rule” and common-law negligence govern liability for dog bites.
If you are claiming injuries under the “one bite rule,” you must prove the dog’s owner or keeper knew that the dog bit or tried to bite somebody in the past. If this is not possible, you will need to prove the owner or keeper was careless and negligent in controlling their dog and preventing an attack.