Can You File a Personal Injury Claim?
Trained police dogs serve a useful role in law enforcement, helping gather evidence of illegal activity and even capture suspected criminals. When they are used properly, they make our lives safer. When proper precautions are not taken, though, or when police officers handling those dogs step over the line, the consequences can be serious and even deadly.
Over the past decade, a number of people in Texas have been seriously hurt in attacks by police dogs. What are your rights if you have been attacked or injured by a police dog? Is the government immune from responsibility? If not, what must you show to be able to recover for your losses?
Are Police Dogs Exempt from the Texas Dog Bite Laws?
In most states, there are statutes in place (written laws enacted by legislative bodies) establishing liability for dog bites and attacks. Most of those laws provide some type of exemption for police dogs, often allowing for civil liability only when the police department or law enforcement officer did not institute or follow an established policy, where the victim was an innocent bystander, or where the officer used inappropriate force or failed to reasonably restrain or monitor the dog. Texas, however, does not have a dog bite statute, and therefore provides no statutory exemption to K-9 unit animals.
Accordingly, your ability to recover damages in Texas when you have been hurt by a police dog will be based on the same laws that apply to all other dogs. That means that the state’s “one bite rule will apply.
What Is the Texas “One Bite” Rule?
Set forth in a judicial opinion, the Texas “one bite” rule limits liability to those situations where the dog that caused the injury had previously exhibited aggressive behavior. If the attack in question is the first instance or evidence that the dog has or may bite someone, there will be no liability.
Contact the Aggressive Dog Bite Accident Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we understand how a dog bite or animal attack can change your life in an instant. We’ll be at your side throughout the legal process, helping you pursue full and fair compensation for all your losses. We can also be your intermediary with insurance companies, so that you get all the benefits to which you are entitled. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.