Getting bitten or attacked by a dog in Texas can be a chaotic and confusing experience. It is vital to understand your legal rights as a dog bite injury victim in Texas so that you can pursue the financial recovery you deserve. Whether or not Texas follows the “one-bite rule” can determine your options for holding a pet owner responsible after an attack. If you were injured by a dog, please speak with a dog bite injury lawyer in San Antonio.
What Is the One-Bite Rule?
The Texas one-bite rule is a type of dog bite law that states that a dog owner can be held liable, or legally and financially responsible, for injuries caused by a dog if that dog had shown vicious propensities or a history of aggression in the past; for instance, if the dog had bitten someone before or acted as though it wanted to bite.
In this scenario, a pet owner takes on the responsibility of preventing future incidents involving the aggressive dog. Failing to take steps to prevent a foreseeable attack will place liability on the pet owner under the one-bite rule. This is because the initial bite or incident serves as a warning about the dog’s dangerous nature.
The one-bite rule is in contrast to strict liability dog bite laws, where a pet owner is held liable for injuries caused by their dog regardless of whether the owner had reason to know of the dog’s viciousness.
Texas does not have a specific dog bite statute. Instead, it relies on previous case precedence to determine liability for dog bite injuries. In general, the courts abide by a one-bite rule as established in Marshall v. Ranne. Under this rule, Texas courts determine liability based on whether the pet owner knew or had reason to know of the dog’s potential to cause injury.
To hold a pet owner liable for a dog attack in Texas, the victim must prove that the pet owner knew that the animal was dangerous but failed to exercise reasonable care to control the dog and prevent the bite. This can be proven using evidence such as previous bite reports and testimony from friends, family and neighbors who know the dog and its history.
Other Grounds for Filing a Dog Bite Claim
The one-bite rule is not the exclusive remedy available to dog bite victims in Texas. This law does not exclude claims against the pet owner based on negligence. Negligence is someone’s failure to act in a manner that is reasonable and appropriate based on the circumstances.
Examples of negligence by a pet owner are:
- Breaking a leash law and allowing a dog to run at large.
- Failing to take proper precautions with a dangerous dog.
- Failing to warn others about a dog’s known vicious tendencies.
- Not monitoring a dog’s behaviors in a public place, such as a dog park.
- Lying to a landlord about a dog’s history of aggression.
If there is evidence that a pet owner behaved negligently and that this caused or contributed to the dog attack in Texas, the owner can face liability based on this legal theory. This is true even if the dog had never previously bitten someone before.
When to Contact a Dog Bite Injury Lawyer
It can be difficult to collect the financial compensation you need during a dog bite injury claim if you do not have experience with this type of case. Hiring a qualified and knowledgeable attorney can make it easier to hold a pet owner liable under Texas law. Your San Antonio personal injury lawyer will use proven legal strategies to get the compensation you require for your medical bills, lost wages, and more.
It is especially important to contact an attorney if a dog attack in Texas inflicts severe or permanent injuries on you or a loved one. Contact Hill Law Firm Accident & Injury Lawyers for a free case review with a dog bite injury attorney in San Antonio to learn more.