You barely caught a glimpse of the dog across the playground, then you heard a growl, followed by a scream and your blood ran cold. You raced toward the sound, heart pounding. Someone was already calling EMS when you scooped up your bleeding child and quickly hauled them away from the dog. How could this happen?
Or maybe you’re on the other side of the fence. Your beloved best friend just bit a stranger. They’d never bitten anyone before, so it came as a shock to you. Why would your fur baby ever hurt anyone? Had they been provoked?
Dog bites are not only an issue because of the injury itself, but it can also lead to several dangerous diseases. Whether you are the victim of a dog bite or the owner of a pet who has bitten someone, Texas laws address your situation. Here are some common laws used when determining liability for dog bites.
One-Bite Rule
The one-bite rule implies that the owner of the dog may have had prior knowledge of the dog’s viciousness. The term was coined in reference to the idea that the dog is allowed one “free” bite. But after that, the owner of the dog is aware of the risk and accepts the responsibility. If your dog bit someone and you let them keep biting, you’re liable.
Circumstances That Could Have Led to a Bite
A previous offense isn’t the only thing that can prove liability, however. If your dog has gone through a recent trauma, it can also lead to dog bites.
For example, if the dog has had an injury or surgery, they may be particularly sensitive. If you own a dog that had a recent injury or surgery, you must be careful and warn others that the dog may be more sensitive than usual. If you’re the victim and the owner of the dog failed to warn you of the injury, you may have aggravated the affected area when you pet the dog, leading to a bite.
Another thing to consider is whether the dog was trained to attack. Sometimes, guard dogs are trained by their owners to attack intruders. As a result, the dog may be more prone to biting.
There may also be implied knowledge that the dog was predisposed towards biting based on the dog’s breed. The American Animal Hospital Association lists Pit Bulls, German Shepherds, and Rottweilers at the top of the list of dog breeds most likely to bite people.
Strict Liability Rule
While the one-bite rule relies on the idea of prior knowledge to determine whether or not the owner is liable, strict liability implies that the owner of the dog is responsible regardless of prior knowledge. In states with one-bite laws, the steps that you took to prevent a bite may have been considered, while these steps wouldn’t have held as much weight in a trial held in a state with strict liability laws.
There are exceptions to the strict liability rule, however. If you are trespassing on another person’s property and you are bitten, then the owner is not liable. The owner also may not be held liable if you provoke the dog.
Owner Negligence
Regardless of the state’s position on dog bite rules, the owner may still be held liable if they were outright neglectful. If the owner didn’t keep the dog in a fenced-in yard or on a leash, that implies neglectfulness as there was no attempt to keep the dog from biting others.
Texas Laws on Dog Bite Rules
The state of Texas does not have a law that specifies whether the state follows one-bite rules or strict liability rules. However, there was a ruling in the 1973 case Marshall v. Ranne that aligned Texas law with the one-bite rule. Since then, that ruling has continued to dictate proceedings on the matter.
How to Prove Liability
The Center for Disease Control claims that one-fifth of dog bite incidents require medical attention. If a dog bit you or someone you love, you deserve reparations for your medical expenses. But first you will have to prove liability. You will have to demonstrate evidence of the owner’s prior knowledge and negligence. You should also keep copies of your medical records for your case.
Talking to a qualified attorney doesn’t cost anything other than your time. Speak to a lawyer at Monsour Law Firm today to get started.
