Regarded as the most loyal pet one can have, dogs have been with humans for a long time. They keep company, play, protect and scare bad-seeming strangers away. There truly may not be another that can take the position that dogs have made inside the human heart. Yet we cannot disregard that at the end of the day, they are powerful and can also be dangerous. And with their wild instincts and size, it can be extremely dangerous when they lash out. As with great power comes great responsibilities, it is regarded as the responsibility of owners to keep a check on their dog and many places have their own dog bite laws to maintain order in society. So if you are a dog owner, potential dog owner, or a victim of a dog bite in Texas, you may want to be clear on Texas dog bite laws lest you want a dog bite lawsuit to bite you back.
Texas dog bite laws; One Bite Law
Texas dog bite laws, unlike many other states, are not specifically laid out in a civil statute so as to make the owner bear the damages caused by their animal. But the Texas Supreme Court, in 1972 (in the case of Marshall v. Ranne), ruled that in case of personal injuries due to pets, the “one bite rule” is followed in the state. In simple terms, in dog bite lawsuits, the owner may go scot-free in their first case; though they are said to be on notice of their dog’s tendency to bite. In other words, Texas dog bite laws hold the owner responsible for damage by their pets based on negligence.
Making a dog bite injury claim
A dog bite victim can file a case for compensation if they can prove negligence on behalf of the dog owner.
Dog bite lawsuit on grounds of negligent handling
In case of a lawsuit on grounds of negligent handling, a dog bite attorney, as per Texas’ law, has to prove that the defendant did all of the following:
- Owned or possessed an animal
- Had prior knowledge of the animal is dangerous.
- Had failed to meet the duty to exercise reasonable care to prevent the animal from harming others.
- The failure to meet the duty caused the plaintiff’s injury.
Dog bite lawsuit; Strict liability
Texas courts may very well impose a strict liability if the dog’s innate nature is known to be ferocious, dangerous, or mischievous. In such a case, the dog bite lawyer needs to prove the following:
- There has been a previous case where that dog had bitten or acted like it wanted to.
- The owner had been aware of the dog’s conduct.
Dog bite lawsuit on grounds of negligence
A dog bite injury claim can also be asked if the owner is not following appropriate animal control laws like keeping the dog on a leash. For a dog bite compensation on such grounds the following needs to be proved:
- A violation of animal control law.
- The victim was injured due to that violation.
Dog bite lawsuit; Landlord’s Liability
A landlord in Texas can also be held liable for injuries if:
- The landlord is aware of a dangerous dog on-premises but doesn’t get rid of it
- The landlord is aware of a dog but doesn’t keep common areas safe, i.e, doesn’t maintain doors, gated or other barriers to keep the dog away
