Your Rights When You Have Been Injured by a Dog
In the vast majority of situations, a dog will live up to the reputation as being “man’s best friend.
Unfortunately, though, there are too many dog owners who either encourage or condone aggressive behavior in their canines, who then fail to take reasonable steps to protect others when those dogs follow their instincts. In most of those situations where a person suffers injury in an attack by a dog, it’s the result of owner negligence—it could have been prevented. What are your rights when you are the victim?
How Do the Texas Dog Bite Laws Protect Victims of Injury?
In Texas, the court may take two different approaches when a person has been bitten by a dog:
- The injured person may recover under a theory of negligent handling of the dog
- The legal principle of “strict liability” may be applied to hold the dog owner liable without proof of negligence
What Is Negligent Handling of a Dog?
The basic premise behind any allegation of negligence is that the defendant (person from whom damages are sought) did not use ordinary care in a certain activity, causing another person to suffer actual losses. In a dog bite claim alleging negligent handling, the injured party (the plaintiff) must show that the actions of the dog owner were not consistent with what a reasonable dog owner would have done. Some questions a jury might consider when making a determination as to whether the defendant acted reasonably might include:
- Would a reasonable person have allowed the dog to be off-leash in a neighborhood?
- Would a reasonable person have kept the dog inside a fence?
- Was the fence that was used reasonable? Would a reasonable person expect that fence to keep a dog contained?
Though there’s no requirement, in a claim based on negligent handling, that the plaintiff show that the dog owner knew the dog had aggressive tendencies, that can be introduced as evidence to determine whether the measures the dog owner took to protect others were reasonable.
What Is Strict Liability?
Strict liability is a legal principle, typically set forth in a statute, or written law, whereby a person may recover for injuries without the need to prove negligence. In Texas, if the injured party can show that the dog previously bit someone, or that the dog’s owner knew of prior aggressive behavior by the dog, there’s no need to show that the defendant’s actions were unreasonable. The plaintiff may recover compensation simply by showing that the dog was known to be dangerous and caused injury.
Contact the Experienced Dog Bite Injury Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we have extensive experience protecting the rights of people who have been victims of a dog bite or animal attack. We will be your voice in all legal proceedings, as well as any dealings with workers’ compensation insurance companies, so we can maximize the amount recovered for your losses. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.