Dogs are the most popular domestic pet all across the United States, and Texas is no exception. In fact, Houston ranks 13th in pet ownership for U.S. metros, and this means that residents have a higher-than-average chance of becoming a dog bite victim. Unfortunately, dog bites do pose a risk to the overall safety of the general population. According to the American Veterinary Association, 20 percent of those who experience dog bites are injured seriously enough that they have to seek medical attention. Also, the majority of those suffering from dog bite wounds are children.
If you or your child has been bitten by a dog in Houston, a Houston personal injury attorney can help you explore your compensation options. Here are five things about Texas dog bite law that you need to know.
Texas is a “One Bite Rule” State
The “one bite rule” means that if a dog has a previous history of biting, even if it only happened once, the victim has grounds for a personal injury lawsuit because the animal has displayed significant aggression in the past and that the owner should have taken steps to ensure that it didn’t bite anyone again. Under this law, defendants don’t have to prove negligence on the part of the owner.
However, this doesn’t necessarily mean you don’t have legal recourse if this is the dog’s first bite. You may still be able receive compensation if it can be proven that the owner failed to take reasonable care to ensure that the animal won’t harm anyone. For instance, if your neighbor’s dog gets lose, comes on your property, and bites you or someone in your household, the “one bite rule” wouldn’t apply.
Landlord Liability in Houston Dog Bite Cases
Landlords can also be held liable in dog bite cases under certain conditions. For instance, if you live in an apartment building, duplex, or property managed by the same property management company or individual landlord, you may have a case against them if you’re bitten by a dog known to be dangerous by the landlord. Furthermore, if the property allows pets and the landlord knows that there are dogs living on the property, proper precautions must be taken to ensure the safety of guests and visitors even if none of the animals have shown previous aggression. Common areas must have adequate barriers in place to keep dogs out of them.
Victims of dog bites should carefully document the time and day of the attack as well as any extenuating circumstances, seek immediate medical attention, and consult a Houston personal injury attorney for more information on whether you’ve got a credible case.