Alvin Dog Bite Lawyer Explains Dog Attack Laws in Texas
Alvin Dog Bite Lawyer Explains Dog Attack Laws in Texas
Alvin dog bite lawyer explains the basics of dog attack laws in Texas. When someone is attacked or bitten by a dog it is often a traumatic event. Not only is the actual attack scary, but the aftermath can create its own trauma if the injured victim requires a rabies treatment. Dog attacks also have the propensity to cause extreme mental anguish especially in young children that are attacked. Unfortunately for injury victims, dog attack lawsuits have many challenges to recover adequate compensation. There are two common causes of action that apply to dog attacks in Texas. Let’s review.
I. Dangerous Domesticated Dogs
Texas has a strict liability law when a dangerous animal causes injuries. Strict liability is a legal concept wherein a defendant (in this situation the dog owner) is held legally responsible for the damages without having to determine the defendant’s negligence or fault. This differs from most legal actions where the defendant is held responsible only if the defendant was at fault or committed negligence. This law focuses on whether the dog was dangerous. Under this legal theory the injured victim must prove the following:
- The defendant owned or possessed the dog.
- The dog had dangerous propensities abnormal to other dogs.
- The defendant knew or had reason to know the dog had dangerous propensities.
- The dog’s dangerous propensities were the producing cause of the victim’s injuries.
Under this legal theory the defendant usually disputes the second and third elements of the cause of action—dangerous propensities and knowledge. Injury victims must collect evidence that the dog was aggressive, did not obey the owner’s simple commands, had previous biting or nipping incidents, was possessive of the family or territory, tried to attack other animals, or was uncontrollable at times. The dangerousness of the subject dog is compared to all dogs not just the breed of the dog, but the breed of the dog can be a factor to consider.
Oftentimes getting the dog owner to admit that she/he knew the dog was dangerous is tough as most dangerous dogs are not aggressive to the owner. So here you want to collect testimony from the owner of witnessed events of aggression towards visitors, other animals, veterinary office, and then compare that behavior to the behavior at home. You also want to subpoena documents from the veterinary’s office, dog training facilities, local animal control enforcement agencies, or documents from prior owners.
II. Negligent Handling of Animals
Dog owners owe a duty to others to use reasonable care to prevent their dogs from injuring others. This legal theory differs from the strict liability dangerous domesticated animal law in that you must prove that the dog owner did something wrong—i.e. owner was at fault or negligent. This cause of action has the following legal elements:
- The defendant was the owner or possessor of the dog.
- The defendant owed a duty to exercise reasonable care to prevent the animal from injuring others.
- The defendant breached the duty.
- The defendant’s breach proximately caused the plaintiff’s injury.
Generally, a dog owner has a duty to prevent a normal dog from acting in a way that would injure people or other animals. For example, a dog owner has a duty to prevent a dog from escaping the yard, trying to stop a dog attack once it has begun, not tethering a dog to the front of the house, failing to follow city ordinances about keeping the dog on a leash when out in public, and being aware of circumstances that might trigger the dog to become aggressive.
Landlords and property owners also have a duty to exercise reasonable care prevent dog attack injuries in some situations. This duty applies in common areas in apartment complexes when the landlord has control over the common area and had knowledge that the dog had dangerous propensities. Some property owners may have a duty to prevent injuries from dog attacks if they have actual knowledge that the dog is located at the property, had dangerous propensities, and had the ability to control the premise.
III. Conclusion
Dog attacks can cause severe, long-lasting injuries and disproportionately impact children. Dog attacks are often unpredictable as dogs can be unpredictable. Texas dog bite laws have many challenges and require a lawyer that understands the law and knows how to uncover the necessary evidence to be successful. Hire an Alvin Dog Bite Lawyer with the necessary experience to handle your case. Personal injury lawyers Meagan and Holland DeKeyzer have been focused on personal injury and wrongful death litigation for a combined twenty years and have extensive experience in all aspect of litigation and jury trials. Contact DeKeyzer Law at (713) 904-4004 for a FREE consultation on your Personal Injury or Wrongful Death case. DeKeyzer Law is available for person consultations at our office located in Alvin, Texas at 1612 W. Highway 6 Alvin, Texas 77511.