Texas Dangerous Dog Laws: Today Has Been Ruff

Furry friends. Fur babies. Hounds. Angels. However it is you call them, dogs have been, and will remain, fully engrained in our hearts and homes.

But what happens when our seemingly domesticated canines embrace their wild side? (And not in a good way). Texas dangerous dog laws come into play.

One-Bite Law

Unlike most states, Texas dog bite laws don’t come from a statute. The one-bite law comes from a 1974 Texas Supreme Court case (which, ironically, involved a boar, not a dog).[1] The law can make it difficult to hold pet owners responsible for attacks.

Under this law, a victim can recover compensation from a dog’s owner or keeper[2] if (1) the dog previously bit a person, or acted like it wanted to, and (2) the defendant was aware of the dog’s previous conduct.

Negligence

A dog-bite victim could also have a case on the grounds of negligence. This cause of action makes it unnecessary to prove that the dog previously bit a person (or acted like it wanted to).

To recover on a negligent handling claim, a victim must prove that the dog’s owner or keeper (1) owed a duty to exercise reasonable care to prevent the animal from injuring others, (2) breached that duty, and (3) this breach proximately caused the victim’s injury.

For example, if a pet owner failed to keep a dangerous dog inside the house and it attacked you on the street, you may have a case against the owner for negligence.

Landlord Liability

A victim can also hold their landlord liable for failing to rid a dangerous dog from the premises.

A landlord has a duty to exercise reasonable care to keep common areas reasonably safe for tenants and their guests.[3] This duty includes “protecting tenants from known vicious dogs.”[4] So a dog bite victim may recover for their injury if (1) the injury occurred in a common area under the landlord’s control, and (2) the landlord had actual or imputed knowledge of the particular dog’s vicious tendencies.[5]

Failure To Stop Attack In Progress

Texas also supports a cause of action for failing to stop a dog attack after it has begun. Liability on this ground can occur even if the requirements of the one-bite rule and the negligence cause of action cannot be met.[6]

Bystander Emotional Distress

Texas allows closely related bystanders (victim’s spouse, parents, grandparents, siblings, or children), to recover for emotional distress if they witnessed the dog attack.

Potential Criminal Liability

In some instances involving dog bites, the owner may be subject to criminal charges in addition to civil liability.

According to Section 822.005 of the Texas Health and Safety Code, a dog owner can be charged with a felony if the following conditions are met:

1. The owner, due to criminal negligence, failed to restrain the dog, leading to an unprovoked attack on a person at a location that was not the owner’s property; or

2. The owner is aware that their dog is considered dangerous, and the unprovoked dog attacks someone at a place other than a secure enclosure where the dog is restrained; and

3. The dog bite victim suffers severe bodily harm or death.

Dog Bite Damages

In Texas, a victim may recover:

1. Economic damages (medical expenses, lost wages, property damage);

2. Non-economic damages (pain and suffering); and

3. Punitive damages (only if the dog owner was grossly negligent or intentionally caused the harm).

Common Defenses to Dog-Bite Claims

There are three common defenses to dog bite claims in Texas:

1. The owner rebuts the claim that the dog acted aggressively or bit someone prior to the incident;

2. The dog was provoked (this includes indirect provocation, such as attacking the dog’s owner while the dog is nearby); and

3. The injured person was bitten while they were unlawfully on the owner’s property (in some cases, however, the owner has a duty to warn trespassers that the dog is on the property by posting signs).

What To Do Immediately After a Dog Bite Incident

If you are the victim of a dog bite attack, start gathering evidence right away. Take pictures of the dog, your injuries, and the scene where the attack occurred. If you notice anything important, such as no leash or a broken fence, take photos of it. Go to the hospital for injury treatment, and keep copies of your medical records. Contact the homeowner’s insurance company of the dog’s owner and file a damage claim. And if all else fails, contact a dog bite injury lawyer who can help you explore your options for holding the dog’s owner accountable.

Anything is paw-sible when you have a dog, including being the defendant in a lawsuit for his or her actions. If your dog roams freely, consider renegotiating the terms of his leash.

[1] Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974).

[2] A “keeper” is anyone responsible for the care or custody of an animal, even if temporary. Such as boarding facilities, shelters, and sitters.

[3] Baker v. Pennoak Properties, Ltd., 874 S.W.2d 274, 277 (Tex. App.—Houston [14th Dist.] 1994, no writ).

[4] Id.

[5] Id.

[6] Bushnell v. Mott, 254 S.W.3d 451 (Tex. 2008).

Cobb & Johns are Special Forces for Complex Property and Government Disputes.