What Should I Do If a Dog in Houston, Texas bites me?

Texas dog bite laws can be complex, especially when determining who is responsible for injuries. The state operates under what’s commonly known as the “one bite rule“, but this isn’t the only factor in play. Here’s a deeper look at the relevant laws and what they mean for dog bite victims in Houston:

Under this rule, a dog owner may be held liable for a bite if they knew or should have known that their dog was dangerous. Essentially, if a dog has bitten someone before or shown signs of aggression, the owner can be considered responsible for failing to prevent a second incident. However, this rule doesn’t mean that first-time bites are exempt from legal action. If an owner knew that their dog had the potential to be aggressive, such as lunging at people or behaving threateningly, they could still be held liable for injuries.

Even if a dog hasn’t bitten before, Texas law also considers negligence when determining liability. A dog owner may be held responsible if they failed to act reasonably in controlling their dog. For example, if the dog was off-leash in an area where leash laws apply, the owner could be considered negligent. Negligence can also apply if an owner fails to properly secure their yard, allowing a dog to escape and harm someone. Proving negligence often involves showing that the owner failed to follow local regulations or did not take reasonable precautions to prevent the dog from causing harm.

In some cases, dog owners may face strict liability if their dog has been officially classified as “dangerous” under Texas law. This designation can occur if a dog has previously attacked someone or acted in a way that led to a belief that it could cause harm. Once a dog is classified as dangerous, the owner must follow strict rules, such as keeping the dog in a secure enclosure and carrying special liability insurance. If these rules are violated and the dog injures someone, the owner can be held liable, even if they took other precautions.

Houston also has specific leash laws and animal control regulations that dog owners must follow. Dogs must be kept on a leash in public places, except in designated off-leash areas. If a dog owner fails to comply with these regulations and their dog bites someone, they may be considered negligent. Reporting a dog bite to Houston Animal Control is essential, as it creates an official record of the incident and can provide evidence if legal action is needed.

Texas follows a comparative negligence system, which can impact dog bite claims. This means that if the injured person is found partially at fault for the incident, their compensation may be reduced by their percentage of fault. For example, if someone provoked a dog and was bitten as a result, they might be found partially responsible for the incident. However, they can still recover damages as long as their share of the fault is not greater than 50%. An experienced lawyer can help determine how comparative negligence might apply in a specific case.

Because the laws surrounding dog bites in Texas involve a mix of the “one bite rule,” negligence standards, and strict liability for dangerous dogs, it can be challenging to determine the best course of action. An experienced attorney can review the details of the incident, gather evidence, and help you understand how state and local laws apply to your situation. They can also negotiate with insurance companies or represent you in court to seek the compensation you deserve.

Understanding Texas dog bite laws is crucial to protecting your rights and pursuing a fair outcome. If you’re uncertain about how these laws apply to your case, consulting with a knowledgeable attorney is a vital step in ensuring you receive the compensation you need to recover from your injuries.