It can be traumatizing, painful, and unpredictable to be the victim of a dog attack. Depending on the size and medical history of the dog, you could be dealing with serious, life-altering injuries that may take some time to heal, if they ever fully heal at all. You may be able to seek compensatory damages from the dog’s owner, especially if you can prove negligence. To move forward with a claim, you should fully understand the Texas dog bite laws so you know where you stand.
According to information from the United States Postal Service (USPS), dog attacks happen in major Texas cities quite frequently. In 2023, Houston was the city with the most reported dog attacks at 56. Dallas was second at 39, San Antonio was third at 26, and Fort Worth was fourth at 23. Texas ranked second behind California in dog attacks with 411. If you’ve been a victim of a dog attack, you may want to talk to a PTSD support group like NAMI.
The dog bite laws in Texas are fairly unique when compared to other states. Some states have strict liability laws when it comes to dog attacks. The dog’s owner is always held responsible for their dog’s actions. In Texas, however, there is no civil liability for dog bites. The outcome of every case depends almost entirely on whether negligence was a contributing factor. You have to prove that the owner breached a duty of care that resulted in your injury, and the owner knew the dog was dangerous.
Texas also has a one-bite rule that is generally followed, though it isn’t an official law. It’s used largely as a justification for certain situations. Essentially, if the dog does not have a history of aggressive behavior and the owner had no reason to think the dog would attack, the dog may get a free pass on the bite. This is only the case if negligence cannot be proven as a contributing factor. Sometimes, there may be extenuating circumstances that result in a friendly dog acting out.
If you’d like to move forward with legal action against the dog’s owner, you need to make sure that your case falls under the state of Texas’s statute of limitations for personal injury claims, which include dog bite claims. For most cases, the state will give you two years from the date of your accident to put together a strong enough case, gather all the evidence you need, consult with an experienced dog bite lawyer, and file a claim for compensatory damages.
If you are not able to file your claim before two years have passed, your claim will likely be tossed out entirely, and your chance to pursue damages in your attack claim will pass without any legal action taken. Building a strong dog bite case can take much more time than you might think. You may want to get started as soon as you can.
If you are concerned that your case may not be strong enough to warrant legal action, you should consider taking your case to an injury lawyer for an evaluation. Your case may be stronger than you thought.
If a dog bites a person in Texas, the dog’s owner may be held liable for damages in civil court. However, a dog owner can only be held liable in Texas if their own negligent actions led to the attack. If the dog had no prior aggression and the owner had no reason to think the dog was dangerous, the Texas one-bite rule may come into play. The attack must also be reported to the local rabies control authority.
There is no set number of bites a dog can give someone before it is put down in Texas. The state considers every dog attack on a case-by-case basis. Generally, Texas has a one-bite rule that claims any dog with no history of aggression gets one free pass. However, if a dog attacks someone so savagely that they suffer lifelong injuries or death, the state may decide to euthanize the dog immediately.
There are many ways that a lawyer can help your dog bite case. Your lawyer can launch their own investigation into the incident, help you navigate the legal process, assist in gathering evidence, and make sure your interests are always a priority. A good lawyer can help you maximize your total settlement package and ensure your voice is heard.
Yes, you can take legal action for a minor dog bite in Texas. Under Texas state law, all dog bites are taken seriously, regardless of their severity. If a dog bites you, it might not break the skin, but it can affect you emotionally and mentally. You could develop a fear of dogs or suffer from post-traumatic stress disorder (PTSD). You should consult with a lawyer to learn about your options for compensation.
The legal team at Stevenson & Murray understands how complicated a dog bite case can be. The dog owner may try to mount a strong case to argue that their dog has never hurt anyone before. If you are not able to prove their negligence as a pet owner, it may be difficult to win your case and receive compensation. A good injury lawyer can help you determine your next steps and put together a strong case that proves the liability of the other party.
At Stevenson & Murray, we can provide you with the resources you’ll need to take on a negligent dog owner and seek compensation. Contact us to schedule a consultation with one of our valued team members today.
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