Dogs may be man’s best friend, but not all dogs are friendly. As homeowners and dog-lovers, we’d like our guests to bring their furry friends over to visit from time to time. When a guest’s dog bites someone on your property, even the most well-intentioned property owner can get into legal hot water.
Sometimes landowners rent their property to tenants. Generally, a landlord is not responsible for a dog bite that occurs on their property. However, a court may find that the landlord is responsible under a negligence theory of premises liability.
The victim can argue that the landlord breached their duty of care owed to the victim. For example, a landlord that knows a tenant’s dog has a history of aggression can be responsible if the dog attacks another tenant on their property.
In Texas, you typically must prove the following in order to have a successful dog bite claim:
In Texas, there is no statute that imposes strict liability for dog bites. Rather, Texas case law has created a “one-bite rule.” A dog gets one “free” bite before Texas law will hold the dog’s owner responsible for biting a victim.
Proving Liability In a Texas Dog Bite Case
As with any personal injury case, the plaintiff must prove that the defendant was negligent and breached their duty of care. In a successful dog attack case, the victim must show that:
In order to prove a case, it is helpful to find evidence of prior attacks or aggressive behavior. That can mean contacting the local animal control department, gathering witness interviews, or obtaining statements from animal behavior experts.
For this reason, it’s critical to contact a Dallas dog bite attorney after you have been bitten by a dog, even if it is seemingly a minor incident. Our attorneys have the resources and knowledge to conduct a proper investigation, so you can get compensation for your dog attack injuries.
However, even if a dog has never injured anyone, negligence can still exist. If the dog is one of several dangerous breeds, a “one-bite rule” doesn’t apply. Also, having a dog in a setting that is likely to lead to trouble can avoid a one-bite rule, as well.
What is Strict Liability?
Texas courts may apply a strict liability rule in cases where the dog is known to be vicious, dangerous, or mischievous, and the bite resulted from the dog’s known nature.
If a dog has bitten someone before, that dog may be classified as a dangerous dog regardless if the bite caused serious harm. In this context, strict liability means if a dangerous dog caused a person’s injury, the victim would not have to demonstrate that the dog’s owner also failed to use reasonable care to restrain the dog. The injured person would be able to recover damages by simply demonstrating that the dog was known to be dangerous before their injury.
To recover, a dog bite victim must prove the following:
Dog Laws. How to Save Your Dog’s Life After She Bites Someone
Texans love their dogs. There are nearly 7.8 million pet dogs in Texas, but this dog-loving attitude of the Lone Star State comes with a downside. Texas has some of the highest numbers of dog bite claims in the U.S., and Dallas ranks in the top ten cities for dog attacks on postal carriers.
Dogs—even gentle or older dogs—hurt people all the time, whether it’s by accident or not. If you’re thinking of filing a dog attack injury claim, a Dallas dog bite attorney can help you understand your legal rights.
In this article, we’ll go over the laws regarding dog bites in Texas, owner liability, and potential counterarguments you might face if you bring forth a claim.
In the state of Texas, there isn’t a civil statute that specifically addresses an owner’s liability for damages caused by their animal’s aggressive behavior.
However, Texas does have a “One Bite” rule. Essentially, after the dog’s first attack or biting incident, the owner is said to be on notice of his or her dog’s aggressive behavior. This isn’t a free pass, but rather, an indicator that an owner whose dog has bitten someone in the past is more likely to be deemed negligent for failing to prevent a later bite. However, other circumstances may make a dog owner liable, even if the dog has never bitten anyone before.
Texas’s dog owner liability rule applies to injuries other than bites as well. For example, if a large dog knocks a child down causing them to break a bone, the parent may bring a claim against the dog’s owner.