Dog bite litigation difficult in Texas

Unlike some states, Texas does not have a “dog bite” rule; generally speaking the law in Texas is that dog owners are not held liable if their dog bites another person if there was no forewarning to the attack. However, there is a “Dangerous Dogs” section in the State of Texas Health and Safety Code that does outline owner’s liability for dogs that are considered vicious or likely to bite.

In this section of the code, and dog is deemed dangerous if it:

(A) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or

(B) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.

Certain breeds, like pit bulls, Rottweilers, German shepherds, and Dobermans, are likely to be considered “dangerous” because of their size, the viciousness of their attacks, and the history of their breed (pit bulls and Rottweilers accounted for over half of dog attacks resulting in death between 1979 and 1998). On the other hand, owners of smaller breeds that do not have a history of viciousness may not be held liable.

This changes after the first bite. Once any dog has bitten or attacked a person and the incident is reported, that dog is automatically considered to be a “dangerous dog” as defined under the code.

Dangerous dogs must be held in a secure enclosure that keeps the public out and the dog in, and the owner must register the dog. Further, the owner must purchase special insurance of a minimum $100,000 liability to cover damages resulting from bodily injury.

If a dangerous dog attacks a person outside of its enclosure, and that attack was unprovoked, then the owner is usually deemed to be responsible for the dog’s actions.

Of course the difficulty here is with the wording of the code, since it leaves a large portion of the term “dangerous dog” up for interpretation. To complicate matters further, it is often up to the victim of the dog attack to prove that the attack was unprovoked, happened off the dog’s property, and meets the standard for dangerous dog.

If you have been bitten by a dog, don’t try to sort out the legal liabilities on your own. Contact a personal injury lawyer at Jim S. Adler & Associates. We have decades of experience standing up for victims’ rights in thousands of Personal Injury cases including those involving dog bites. We can help you understand the laws governing dog bites in Texas, and help you get the compensation you need for medical bills, lost work, and pain and suffering. Contact Jim S. Adler & Associates right now by clicking on the link on this page.

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