Dog attacks can change lives in seconds. They can inflict serious physical and emotional damage resulting in expensive medical costs. Your legal rights after a harmful dog attack depend on the laws in the state where the incident took place. Texas abides by a one-bite rule, where a dog owner can be held financially responsible only if the dog had a history of aggression. A dog bite attorney in Dallas is here for you.
What Is the One-Bite Rule in Texas?
A one-bite rule essentially gives a dog one “free” bite. Rather than a dog bite owner being held strictly or automatically liable for dog attack injuries, in Texas, there must be evidence that this was not the dog’s first such incident. The dog must have bitten, attacked or injured someone previously – or otherwise shown signs of aggression – for the pet owner to be held responsible for a victim’s losses.
How to Prove Liability Under the One-Bite Rule
If you get injured by a dog in Texas, you will need to establish liability against the pet owner using evidence. You must show that the dog had a history of previous aggressive or dangerous conduct and that the owner or harborer of the dog was aware of the dog’s vicious propensities.
In general, you must prove:
- The dog had previously injured another human, killed a domestic animal or otherwise behaved aggressively.
- The owner or keeper of the dog knew or reasonably should have known about the dog’s previous aggressive conduct.
It is also possible to hold a dog owner liable for a bite injury in Texas under the legal doctrine of negligence. Negligence means the pet owner fell short of the acceptable amount of care that should have been used to control the dog and prevent the incident. Examples include allowing a dog to run at large (off-leash) or failing to properly handle a known dangerous dog.
Common Defenses Against the One-Bite Rule
Dog owners have the opportunity to defend themselves against absorbing liability for dog attacks. As an injured victim, you should be prepared for potential defenses and work with a San Antonio personal injury attorney to counter them:
- Trespassing. The owner of a dog may not have to pay if the bites were inflicted while the victim was trespassing, or on private property without the owner’s permission or lawful authority.
- Provocation. It is a usable defense to assert that the victim was provoking the dog at the time of the incident, such as by taunting or injuring the dog.
- Third-party negligence. A pet owner may be able to avoid liability if it can be shown that another party was negligent, such as someone hired to walk or watch the dog at the time.
These defenses may lead to a reduced or barred financial recovery in Texas, or the need to seek compensation from another source. If you wish to maximize your case outcome after a serious dog attack in Texas, the most effective way forward is to hire an experienced dog bite injury attorney to represent you.
How Can a Dog Bite Lawyer Help?
You shouldn’t have to be responsible for collecting evidence, navigating Texas’s dog bite laws or dealing with insurance claims adjusters while recovering from a serious dog attack. Your focus should be on your well-being.
When you hire an attorney, you gain a legal team that can investigate the incident, gather evidence, hire experts and handle the legal side of your claim for you. A lawyer will fight for maximum compensation using smart legal strategies while you concentrate on healing. Contact us today.