Is the Owner Still Liable If You Were on Private Property?
If you’ve been attacked or bitten by a dog on public property—walking along the sidewalk in front of a neighbor’s house or at a local park, for instance—Texas law is pretty clear. Unless you intentionally provoked the dog, you’ll likely be able to file a lawsuit to recover compensation for your losses. But what happens if you’re on the dog’s turf—can the dog’s owner still be held responsible? That depends.
The Texas Dog Bite Laws
Though most states have written laws establishing the liability of dog owners when their pets bite another person, Texas does not. Like many other states, though, Texas follows the “one-bite” principle with respect to dog bites. That means that, as a general rule, the owner of a dog is not liable the first time the canine attacks and bites someone, unless it can be shown that the owner either knew or should reasonably have known that the dog posed a danger to others. If the dog’s owner had express knowledge of the dog’s aggressive tendencies—the dog had tried to attack others, for example—or should reasonably have known that the dog might be violent or aggressive, the owner will be liable without any need by the injured person to prove negligence.
Furthermore, even if the dog’s owner neither knew nor should have known of the dog’s aggressive tendencies, the owner may still be liable based on a legal theory of negligence. To prove negligence, an injured person must show that the dog owner failed to act as a reasonable person would have and that such failure caused an attack/injury. For example, if the dog’s owner put a fence around his property, but failed to keep the gate closed, that may be considered unreasonable and, therefore, negligent.
What Are Your Rights If You Were Bit on the Dog Owner’s Property?
That will depend upon the circumstances of your presence on the property. If you are legally there, either at the invitation of the property owner or because it’s a place that’s customarily open to the public, you will still have the right to seek damages for any injury or loss. If, however, you were illegally on the property, you will generally have no recourse. There is, however, a potential exception for minors, when there’s something on your property that naturally appeals to their curiosity—referred to under the law as an “attractive nuisance.”
Contact the Experienced Dog Bite Attorney at Bailey & Galyen
At the law offices of Bailey & Galyen, we have aggressively protected the rights of personal injury victims across the state of Texas for more than four decades, including people who have been injured as a result of an unprovoked dog bite or attack. We have a comprehensive understanding and knowledge of the laws and procedures governing personal injury lawsuits and will make certain that all pleadings and other documents are accurately and timely filed. We will be your advocate throughout the legal process, from the filing of a personal injury lawsuit through the gathering of evidence to trial or settlement. 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.
