Texas One-Bite Law
Whether you are a dog owner or worry about those around you who own dogs, you may have wondered what happens when a dog bites someone. The answer is somewhat complicated, as it involves potential consequences for the dog owner who may face dog bite liability in Texas. As for the victim, they may be left with painful dog bite injuries and suffer emotional tolls, not to mention financial impacts.
According to Texas dog bite law, the state follows a one bite rule. Texas dog owners and all residents alike should know what this rule is about, and victims who have suffered injuries should know where to turn for help. Dog Bite Laws is a personal injury law firm that specializes in supporting victims of dog attacks.
Some states follow strict liability, while others follow the one bite rule. Read on to learn more and contact us to schedule a free consultation to find out how we can help with your Texas dog bite lawsuit.
Understanding Dog Bite Law in Texas
While some states follow strict liability in dog bite cases, Texas follows the one bite rule. The difference is that with a one bite rule, dog owners are protected from liability unless they can be proven to have behaved negligently or their intentional behavior was a factor in the dog’s attack. For a strict liability claim, a dog owner is liable for a dog bite even if the owner didn’t do anything wrong, as long as the injured party was not trespassing or provoking the dog.
The Texas Supreme Court’s ruling in the 1974 Texas dog bite case (Marshall v Ranne) paved the way for this law. Now, for one to succeed in a dog bite claim, a dog bite victim has the burden of proof to show that the dog’s owner knew about the dog’s aggressive tendencies, it had previously bitten someone, or the dog’s owner failed to exercise reasonable care in controlling their pet.
Since meeting these requirements of the Texas one bite rule can be complicated, dog bite victims need help holding the dog owner liable. If you or a loved one has suffered serious bodily injury, Dog Bite Laws can help you seek justice under Texas state law.
How a Dog Bite Incident Shaped the One Bite Rule in Texas
In addition to the 1974 Texas Supreme Court ruling, the Texas one bite rule took on new meaning after a 2005 dog attack. Under Texas law, it is known as Lillian’s Law, putting criminal liability on a dog owner if their pet attacks another person.
After a woman named Lillian Stiles was killed in her front yard by several large dogs, the dog owner was not deemed criminally negligent. Once her family fought for justice, Lillian’s Law was then passed in 2007 and is now part of the Texas Health and Safety Code under Section 822. Now the Texas one bite rule states that dog owners commit an offense if they fail to secure their dog and the dog attacks another person unprovoked in a place other than the dog owner’s property, resulting in injury or death. Additionally, dog owners are considered offenders if the dog is deemed a dangerous dog as per the Texas Health and Safety Code.
Factors That Can Undermine the One Bite Rule
The statute of the law requires that a dog can only be declared a dangerous dog (§ 822.042) if it attacks a person rather than another dog. The dog in question is defined as such if they make an unprovoked attack that causes bodily injury or death or they attack unprovoked.
Dog owners need to keep in mind that their dog is dangerous if it has attacked someone, if Animal Control authorities have deemed it dangerous, or the courts have determined it to be dangerous. After a dog is declared dangerous, a dog owner is required by Animal Control law to register it, keep it restrained, and have liability insurance or adequate financials in the event of a dog bite or attack.
Legal Implications of the Texas One Bite Rule
A dog owner can face major consequences for a dog bite or attack in both civil and criminal courts.
Criminal Charges
Dog owners may face criminal charges and penalties if, under criminal negligence (§ 822.005), they fail to secure their dog and it makes an unprovoked attack on someone at a location that isn’t the owner’s property, such as a public park or other space. Additionally, if the dog owner is aware that their dog is a dangerous dog as defined by Texas law, they will also face criminal courts. In both scenarios, the dog needs to have caused serious injuries or death to get that designation.
Another way that dog owners commit criminal offenses is when they intentionally do not register their dog as the law requires. Penalties for a violation may include a maximum of up to 30 days in jail, along with a fine of up to $100. If the dog was deemed dangerous as per the one bite rule and it attacks and injures someone, it is considered a Class C misdemeanor. Second and subsequent convictions are regarded as Class B misdemeanors.
Violations of the one bite rule or Lillian’s Law are charged as third-degree felonies, though if the dog bite or attack results in death, it is upgraded to a second-degree felony. A third-degree felony conviction may result in two to ten years in prison and a fine up to $10,000 while a second-degree felony conviction may result in two to 20 years in prison with fines up to $10,000.
Civil Consequences of a Dog Bite
Texas legislation on dog attacks also allows for victims who suffer dog bites to recover compensation for their injuries. Under Texas dog bite laws, victims can file a negligence claim for their dog bite injuries according to the one bite rule. As the victim, you would need to prove that responsible dog ownership could have prevented the dog bite claim.
Negligent actions in these types of claims would include improper restraint, poor training of the dog, or not intervening during the attack. Even though there is a one bite rule, Texas law will also allow for strict liability in cases where the dog had a history of aggression and the owner failed to take the right steps to protect others from it.
In dog bite cases, victims may be compensated for medical expenses related to the victim’s injuries as well as lost wages from being unable to work. Pain and suffering, loss of enjoyment of life, and other damages may be sought from the owner responsible for their dog’s aggressive behavior.
Potential Defenses Owners May Use to Get Around the One-Bite Rule
When dogs bite or attack, owners may try to defend their pets in numerous ways. Defense strategies often include justifying the behavior of an aggressive dog, such as when a person is criminally trespassing or committing another crime.
They may also claim they had the dog on a leash and were trying to restrain it, or that the dog performed a disability service. Investigations and evidence will be required to get to the bottom of a case and determine if the dog owner should be held liable for your injuries.
Steps to Take After a Dog Attack
With the one bite rule, the steps you take after you or a loved one are bitten are imperative. Here is what you should do:
Seek Immediate Medical Care
Dogs have sharp teeth and their mouths are full of bacteria. When they bite and puncture the skin, that bacteria can easily cause an infection. Additionally, their teeth could cause serious damage to muscles, tendons, and nerves below the surface of the skin. It is vital that you head to the nearest emergency room or urgent care center so they can treat your dog bite
Get Evidence
Whether it was a dog walker or the owner who lost control of the owner’s dog when the attack occurred, or the dog was running loose, evidence is crucial for your personal injury claim. Get the name, contact information, and address of the dog’s owner. You should also find out the dog’s breed. Making notes of the dog’s behavior on your phone is also encouraged. Take photos and videos of your injuries, and if you can’t determine where the dog came from, get photos and videos of your location to help track down the person responsible for your injuries.
Report the Dog Bite to Authorities and Animal Control
Calling the police is a must when there are serious wounds, the dog is aggressive, or the situation is dire. Additionally, this dog bite incident should be reported to Animal Control. If the vaccination status of the dog is unknown, as is the case when a dog is running loose without a collar, time is of the essence to seek treatment for rabies. You should not wait around trying to find the dog responsible for your injuries, and you should inform medical professionals that you do not know its vaccination status.
Contact a Personal Injury Attorney to Help You Seek Fair Compensation
Dog owners have a legal responsibility to ensure that their pets do not harm others. Whether authorities have deemed the dog dangerous, the dog previously bit someone, or the owner claims it is harmless, the injuries caused to you could be severe. The one bite rule states that you need to prove the owner’s negligence or intentional conduct caused you harm to seek compensation.
This can become difficult when you are dealing with painful injuries and the emotional turmoil that comes with them. You may have loved being around dogs until your encounter with a vicious dog. One free bite or not, there are ways to get the compensation you deserve and hold an irresponsible owner liable for what you’ve been through.
Dog Bite Laws Is Here to Help You Recover Compensation
Proving that the owner knew their animal was dangerous can be complex. It requires having a deep understanding of state laws and regulations. It also requires understanding how to investigate and gather evidence, especially if the injuries were so serious that you had no time to take this step.
When a dog bites or attacks in a place you are permitted to be and you’ve done nothing to provoke that behavior, you don’t deserve to get stuck with the financial fallout as a result. Let the attorneys at Dog Bite Laws stand up to insurance companies and owners who refuse to take accountability for their role in this incident.
We will work tirelessly to negotiate what’s fair and make an example of irresponsible dog owners to prevent their pets from causing more harm. Contact us today to schedule a free initial consultation to discuss your dog bite injuries and your legal options.
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