Increased Presence of Dogs at Outdoor Venues and Events Leads to Greater Risk of Injury
Summer’s here—time to get outside. Go for a picnic in the park. Take in an outdoor concert or festival. As the Texas parks and outdoor venues fill with people, many will bring their four-legged family members as well. With more people and more dogs together in the same space, the likelihood that a careless pet owner won’t take necessary precautions increases. Not surprisingly, the number of dog bites and animal attacks in Texas goes up dramatically in the summer months.
What Are Your Rights When You’ve Suffered a Dog Bite in Texas?
Though most states have written laws, or statutes, governing the liability of pet owners in the aftermath of an unprovoked bite or attack, Texas does not. However, the Texas courts have established the basic rules governing liability for injuries caused by a dog bite:
- The Texas “one-bite” rule—As most other states do, Texas adheres to what is commonly referred to as the “one-bite” rule. Under this legal principle, if a dog’s owner knew or should have known that the dog had potentially aggressive tendencies, the owner will be strictly liable for any injuries suffered. This means that the victim (referred to legally as the “plaintiff”) does not need to prove negligence. The plaintiff only needs to show that:
- The defendant (person being sued) owned or had control of the dog
- The dog bit the plaintiff
- The defendant knew or should have known that the dog was potentially vicious
Under the “one-bite” rule, the defendant cannot successfully defend the attack with evidence of any precautions taken to prevent an attack. For example, containing the dog in a fenced-in area or on a leash won’t matter. The court won’t take into consideration whether the actions of the defendant were reasonable. They will only ask if the defendant owned the dog, if the dog bit the plaintiff, and whether the defendant knew or should have known of the dog’s aggressive tendencies.
- Allegations of negligence—A dog owner may still be liable for damages, even if he or she had no knowledge of or reason to believe that the dog had aggressive tendencies. Such liability would be based on allegations of negligence. To establish negligence, the injured party would need to show that the defendant did not act as a reasonable person would. For example, if a dog’s owner erects a fenced-in enclosure, but does so carelessly, so that the dog can crawl under the fence, that may be evidence of negligence. A jury would have to determine whether a reasonable person would ensure that the enclosure was constructed in such a way that the dog could not climb under it.
Contact the Proven Texas Dog Bite and Animal Attack Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we have fought for the rights of dog bite and animal attack victims throughout Texas for more than 40 years. Since we founded our practice, we have recovered hundreds of millions of dollars for injured people throughout the Lone Star State and across the nation. We will be your advocate throughout the legal process, from the investigation of your accident to the filing of a complaint through trial and the final resolution of your lawsuit. Contact us by e-mail or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
