Dog bites and attacks can have serious physical, emotional, and financial consequences. It’s important for both pet owners and potential victims to understand Texas’ dog bite laws.
Dog bite laws can be confusing — especially if an incident has just happened. It’s important to seek legal advice as quickly as possible so that you know your rights.
Can You Sue for a Minor Dog Bite in Texas?
Whether the dog bite was significant or minor, you may be able to sue the dog owner depending on the circumstances surrounding the attack. While the severity of the bite is a factor, there are many other aspects of the bite that are also considered.
What Is the One Dog Bite Rule in Texas?
Texas follows a modified version of the “one-bite rule.” This means that a dog owner can be held liable for a dog bite even if it’s the first incident, if the owner knew or should have known that the dog had a propensity for biting.
Negligence in Dog Bite Claims
If the dog owner was negligent in controlling the dog, you may have a claim based on negligence. This could include failing to properly restrain the dog, failing to warn others about the dog’s aggressive behavior, or failing to take other reasonable precautions.
Is a Dog Owner Ever Strictly Liable for a Bite?
In some cases, Texas law imposes strict liability on dog owners, meaning you don’t have to prove negligence. This is often the case if the dog is considered a dangerous dog or has a history of biting.
Dog Bite Victim’s Rights in Texas
If you’ve been the victim of a dog bite in Texas, you may be entitled to compensation for your injuries. Texas law provides specific protections for individuals who have been harmed by dogs.
You have a right to seek medical treatment for the dog bite. The dog owner will likely be responsible for that medical bill if they knew or should have known the dog was aggressive. Even if they did not know, if they acted negligently, they may still be responsible.
You also have a right to seek legal advice as soon as possible. An experienced personal injury attorney can help you understand your rights, gather evidence, and pursue a claim against the dog owner.
Is a Dog Owner Ever Strictly Liable for a Bite?
If you’ve been injured in a dog bite incident, you may be entitled to compensation for various damages, including:
- Medical Expenses: This includes the cost of treatment, medication, and rehabilitation.
- Lost Wages: If you’re unable to work due to your injuries, you may be able to recover lost wages.
- Pain and Suffering: This compensates you for the physical and emotional pain and suffering you’ve experienced.
- Scarring and Disfigurement: If the bite has left you with visible scars, you may be entitled to compensation for disfigurement.
What Is the Statute of Limitations on a Dog Bite in Texas?
While victims have a right to sue after a dog bite, owners also have a right to limited liability — including a time limit. Bite victims have a deadline, or “statute of limitations,” within which they must file a claim.
In Texas, the statute of limitations on dog bite cases is two years. That means that you have two years from the date of the dog bite to file a lawsuit against the dog owner.
Does a Dog Have to Be Quarantined After Biting Someone in Texas?
According to the Texas Department of State Health Services (DSHS), any dog that bites a human must be quarantined for at least 10 days after the bite. The organization may allow home confinement under certain conditions.
Quarantine means that the dog is placed in a facility that provides absolute security with no escape possible. The animal must have no contact with other animals or people, except those necessary for its care. Additionally, the dog must be observed twice daily by a qualified person.
Ways To Prevent a Dog Bite from Occurring
By understanding the factors that contribute to dog bites and taking proactive measures, both dog owners and potential victims can significantly reduce the risk of such incidents.
Actions Dog Owners Can Take to Prevent Dog Attacks
- Training and Socialization: Enroll your dog in obedience training to teach it basic commands and good behavior. Socialize your dog early and often expose it to various people, animals, and environments.
- Spaying or Neutering: This can reduce aggressive tendencies in dogs.
- Veterinary Care: Regular veterinary check-ups can help identify and address any underlying health issues that may contribute to aggression.
- Leash Laws: Always keep your dog on a leash when walking it in public, even in off-leash areas.
- Fencing: Ensure your yard is securely fenced to prevent your dog from escaping and interacting with others.
- Supervision: Never leave young children unsupervised with dogs, even your own.
- Early Warning Signs: Pay attention to signs of aggression, such as growling, snarling, snapping, or showing teeth.
- Professional Help: If you notice aggressive behavior, consult with a professional dog trainer or behaviorist.
- Avoid Triggers: Identify and avoid situations that may trigger aggressive behavior, such as overcrowding, loud noises, or resource guarding.
- Positive Reinforcement: Use positive reinforcement techniques to reward good behavior and discourage negative behaviors.
Potential Victims Can Act to Prevent Dog Bites
- Avoid Direct Eye Contact: Staring at a dog can be perceived as a threat.
- Avoid Sudden Movements: Sudden movements can startle a dog and trigger a defensive response.
- Don’t Disturb a Dog Eating or Sleeping: These are vulnerable times for dogs.
- Ask Permission: Always ask the owner’s permission before petting a dog.
- Let the Dog Approach You: Allow the dog to sniff your hand before petting it.
- Avoid Touching a Dog’s Head or Tail: These areas can be sensitive for some dogs.
- Remain Calm: Avoid screaming or running, as this can escalate the situation.
- Slowly Back Away: If a dog approaches aggressively, slowly back away while facing it.
- Protect Yourself: If a dog attacks, try to protect your face and neck.
By following these guidelines, both dog owners and potential victims can significantly reduce the risk of dog bites and promote a harmonious relationship between humans and animals.
Contact a Dog Bite Attorney in Texas at Lee, Gober & Reyna
Dog bite laws in Texas can be confusing, but you can stay informed of your rights by working with an experienced lawyer. Lee, Gober & Reyna have helped countless people who experienced dog bites and animal attacks throughout the state of Texas. Call us today to find out how we can help you.
Stay informed — know your rights. Contact us for legal advice today.