Most Americans love having a family pet. Dogs are one of the most popular animals that families cherish. However, even the most beloved dog can be unpredictable, and may attack or bite another person.
At Tijerina Legal Group, we believe that there is no such thing as a “bad dog”, but bad dog owners. Nevertheless, an animal attack or dog bite can leave far more than just physical scars. Mental, and emotional stress, fear, and anxiety—all of these are lasting emotions that can significantly impact a victim long after an animal attack.
Practice Áreas
Menu
On This Page:
Handling A Dog Bite Case in Texas
Like other states, Texas follows its own rules when it comes to personal injury cases involving dog bites and attacks. Unlike many other states, however, Texas does not actually have specific statutes regarding the dog owners’ liability. Instead, the state follows a general negligence rule when it comes to dog bite cases. Essentially, this means that Texas follows what is commonly known as the “one-bite” rule.
Under this rule, anyone who is bitten by a dog in Texas must prove the following elements in order to bring a civil claim:
- The dog owner knew or reasonably should have known that the dog had bitten someone before or had acted aggressively in the past (e.g., lunging, growling, or snapping at someone).
- The dog owner failed to take reasonable actions to control the dog or prevent the dog from biting, leading to the attack/bite.
These rules apply in cases involving dog bites, and other instances in which pet dogs harm people, even when they do not bite them. For example, if a large dog jumps up on you, and knocks you down, causing you to break your wrist or getting a back injury, you could have grounds for a claim if you can prove the above elements.
When Does Strict Liability Apply To Dog Bite Cases?
In some cases, the courts may apply a strict liability rule, meaning the dog owner is strictly liable for the injured party’s damages. This might be the case when a dog is considered “dangerous”, and the owner knew about (or should have known about) the dog’s nature.
A dog is generally considered “dangerous” if it has bitten another person before, regardless of how severe the bite, and resulting injuries were. If you or someone you love has been bitten by a dangerous dog, you do not have to show that the dog owner was negligent in order to bring a claim.
Common Dog Bite Injuries
Most dog owners do a very good job of taking care of their pets. In fact, dogs are usually considered a member of the family. Sadly, there are always bad apples, and those dog owners who abuse their pets or do not properly secure their animals can create situations prime for animal attacks.
Some of the most common injuries associated with dog bites include:
- Serious cuts, scrapes, and abrasions
- Puncture wounds
- Infections
- Broken Bones
- Nerve damage
- Bleeding
- Facial injuries
- Head and neck injuries
These, and other serious injuries can result in significant scarring, and emotional trauma. Often, dog attack victims need emergency medical attention, and many will require long-term, ongoing care. All of this can be very costly, putting victims, and their families under considerable financial strain.
What Should I Do After A Dog Bite Or Attack?
If you or someone you love was bitten or attacked by a dog, it’s important to do the following:
- Call 911 if you or the victim is seriously injured. Even if the injuries appear minor, seek medical attention as soon as possible, as many dog bite injuries can be more serious than they appear. Left untreated, these injuries can lead to life-threatening infections, and other complications.
- Contact local law enforcement, and file an official report of the incident. In some cases, criminal charges may be brought against the dog owner. In any case, an official record of the event can prove invaluable to your case.
- Get the name, and contact information of the dog owner, as well as any witnesses who saw what happened. If possible, get a brief statement (either in writing or a recorded video) from any witnesses.
- Take pictures of your injuries, torn clothing, etc. Do not wash or throw out clothing, as it could be used as evidence of the attack, and the extent of your injuries.
- Follow your doctor’s advice. Attend all follow-up appointments, take all prescribed medications, and visit specialists (such as rehabilitation therapists) as advised by your doctor. This is extremely important for both your health, and the success of your claim.
- Contact an attorney. You could be entitled to financial compensation, but you will need to file a claim against the dog owner’s homeowners’ insurance provider or another party. An experienced dog bite lawyer can help you in this process.
