Houston Dog Bite Lawyer – Free Case Review

Understanding Texas Dog Bite Laws

Texas operates under the “one-bite rule,” which implies that a dog owner may be liable if they knew or should have known about their dog’s aggressive tendencies. This knowledge is often established if the dog has previously bitten someone or exhibited threatening behavior. However, even without prior incidents, owners can be deemed negligent if they fail to exercise reasonable care in controlling their dogs, leading to an attack.

The One-Bite Rule in Detail

The one-bite rule allows injured dog bite victims to hold the dog’s owner strictly liable for their injuries when the owner knows about their dog’s aggressive or vicious tendencies. This knowledge can be established if the dog previously bit someone, attempted to bite someone, or acted like it wanted to bite someone. If a dog has no prior history of attacks or previous aggressive behavior, or if the owner has no knowledge of their dog’s bad conduct, a dog bite injury victim cannot rely on the one-bite rule to impose liability on the dog’s owner.

The case of Marshall v. Ranne applied the restatement of torts section 509, which provides “a possessor of a domestic animal which he has reason to know has dangerous propensities abnormal to its class, is subject to liability for harm caused thereby to others, except trespassers on his land although he has exercised the utmost care to prevent it from harming.”

Studies have shown pit bulls and rottweilers are the breeds most known for attacks and account for most dog bites in Texas. Also, male dogs that have not been neutered are more likely to bite than female dogs and neutered males.

Negligence and Liability

Beyond the one-bite rule, Texas law allows dog bite victims to pursue claims against dog owners under a theory of negligence. A person commits an act of negligence when they fail to exercise ordinary care through an action or omission (a failure to act). Ordinary care covers a reasonable person’s actions in similar circumstances to avoid harming others. A negligence claim requires a dog bite injury victim to prove several legal elements:

• The defendant owned or possessed the animal.
• The defendant was obliged to exercise reasonable care to prevent the animal from injuring others.
• The defendant breached that duty.
• The defendant’s breach of their duty of care directly and proximately led to the dog bite/attack.
• The plaintiff suffered injuries for which they deserve financial recovery.

In a negligence claim, an injured dog bite victim does not need to prove that the dog owner knew about prior attacks or acts of aggression by their dog. Instead, the owner’s negligent handling of their animal may result in liability for injuries inflicted by their dog.

Criminal Liability Under Lillian’s Law

Enacted in 2007, Lillian’s Law addresses severe dog attacks in Texas. Under this statute, dog owners can face criminal charges if their negligence leads to an unprovoked attack causing serious bodily injury or death. Specifically, if an owner, with criminal negligence, fails to secure their dog, and the dog makes an unprovoked attack, causing injury or death off the owner’s property, they can be charged with a felony. Convictions can result in significant prison time and fines.