If you have been attacked or bitten by a dog in Texas, you may be confused if the dog owner is responsible for covering your medical bills or if you are on your own. We know that it can be an extremely stressful situation, and the laws around dog bites in Texas are not always straightforward either.
Texas follows the "One Bite Rule," which basically means that a dog owner can only be held responsible if they knew (or should have known) that their dog had aggressive tendencies. This rule comes from the case of Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974), where the Texas Supreme Court decided that if a dog has shown signs of being dangerous, the owner can be legally responsible for any injuries it causes.
But there is a catch.
If this was the dog's first bite and it had never shown aggressive behavior before, then it is on you to prove that the owner was negligent in some way. You may need to prove that they did not secure their gate properly or that they let their dog roam around freely— anything to show that the owner's actions (or lack thereof) are what got you bitten by their dog.
Even though Texas follows the "One Bite Rule," a dog owner can still be held responsible under other laws. For example, Texas has adopted Lillian's Law (found in Section 822.005 of the Texas Health and Safety Code) that makes it a crime for a dog owner to let their dog run loose if it results in an unprovoked attack that causes serious injury or even death. If someone is found guilty under this law, they could actually face felony charges.
Because of these laws, proving fault in a dog bite case can be a lot harder than you might assume. This is why many people in your situation work with an experienced Texas dog bite lawyer who can help collect the right evidence and build a strong case.
Of course, dog owners (and their insurance companies) don't want to be held responsible if they can avoid it. They will probably try to argue that you were at fault, and the two defenses they may use to do that are provocation and trespassing.
Of course, no dog owner—or their insurance company—wants to be held responsible if they can avoid it. So, they'll likely try to argue that you were at fault. Here are two of the most common defenses they use:
The provocation defense is when the owner argues that the victim teased, hit, or scared the dog, which is what made the dog react aggressively. If this is proven, they might not be held responsible for what happened. The trespassing defense is when the owner argues that the victim was on their property without permission, and that they don't owe the victim anything because of that.
These defenses can be very hard to fight, especially if there is little evidence in your favor. This is why you need an experienced Houston personal injury attorney on your side. They can challenge these claims by collecting evidence, talking to witnesses, and proving that the dog owner was still at fault.
If you or someone you love was bitten by a dog in Texas, Chelsie King Garza, P.C. is here to help. Their experienced attorneys know Texas dog bite laws inside and out and are ready to fight to get you the compensation you deserve. Contact Chelsie King Garza, P.C., today for a free consultation.