In Texas, a potential defense to a dog bite injury claim is that the victim was provoking the dog at the time of the incident. If the owner of a dog can show that the injured person provoked the attack or antagonized the dog prior to the event, his or her liability could be reduced – or even dismissed. A Texas dog bite injury lawyer can help protect you from this defense strategy. Contact a dog bite injury lawyer in Dallas immediately if you were injured.
Who Is Liable for a Dog Bite Injury in Texas?
Texas uses a “one-bite law,” not a strict liability law, when determining when a pet owner is responsible for an injury caused by a dog. Under this rule, a victim must prove that the owner knew or reasonably should have known of the dog’s vicious propensities or aggressive nature; for example, that the dog had bitten someone previously.
A dog bite victim can also recover compensation using proof of negligence by the pet owner, meaning a breach of the duty of care to keep a dog from harming others. Examples include a pet owner violating a local leash law, allowing a dog to run at large or knowingly harboring a dangerous dog without taking the proper precautions.
What Does It Mean to Provoke a Dog in Dog Bite Injury Law?
Provocation is a potential defense that could be used by a pet owner in a bite injury case in Texas. Provocation in a dog bite injury claim can refer to any intentional act by the victim that may have instigated the dog attack or incited the dog to bite.
Provocation has a broad definition that can refer to any act that would reasonably cause a dog to have an aggressive reaction, such as:
- Hitting or kicking the dog (and other forms of abuse)
- Teasing or taunting the dog
- Pulling the dog’s tail, ears or fur
- Chasing, cornering or trapping the dog
- Making loud noises
- Throwing objects at the dog
- Disturbing a nursing or eating dog
For legal purposes, provocation of a dog must be intentional, or with knowledge that the action or behavior could reasonably cause a “fight or flight” reaction in the animal. If the attack was provoked by the dog bite victim, this can be enough to diminish or dismiss the defendant’s liability for the dog bite injury in Texas.
What to Do if a Pet Owner Is Accusing You of Provoking a Dog
The provocation defense could reduce the financial compensation that you are eligible to receive as a dog bite injury victim under Texas’s comparative negligence laws. If you are found to be more than 50 percent responsible for the incident, you could be completely barred from recovering any compensation from the pet owner for your medical bills and other losses.
If you file a dog bite injury claim against a pet owner in Texas only to have the owner accuse you of provoking the attack to avoid liability, it is important to contact a dog bite injury lawyer right away. An attorney can help you argue against this defense using evidence, compelling arguments and expert testimony.
Your attorney can establish that the dog’s reaction was unreasonable or an extreme response to the situation, for example, or that you did not engage in any provoking behavior. This can protect your right to recover compensation from the pet owner’s insurance company and maximize your monetary recovery. A personal injury attorney with experience handling dog bite cases in Texas can help you combat this defense to get the case results that you deserve. Contact us today for a free consultation.