Is the Owner Still Liable If You Were on Private Property?
If you've been attacked or bitten by a dog on public property—walking along the sidewalk in front of a neighbor's house or at a local park, for instance—Texas law is pretty clear. Unless you intentionally provoked the dog, you'll likely be able to file a lawsuit to recover compensation for your losses.
But what happens if you're on the dog's turf—can the dog's owner still be held responsible? That depends.
Texas Dog Bite Law
Though most states have written laws establishing the liability of dog owners when their pets bite another person, Texas does not. Like many other states, though, Texas follows the "one-bite" principle with respect to dog bites. That means that, as a general rule, the owner of a dog is not liable the first time the canine bites someone, unless it can be otherwise shown that the owner knew or should have known that the dog posed a danger to others. But if a dog has bitten someone before or even just tried to attack someone, then the owner will be strictly liable for a bite-victim's injuries, without any need to prove negligence.
Furthermore, even if the dog's owner had no reason to know of the dog's aggressive tendencies, the owner may still be liable based on a legal theory of negligence. To prove negligence, an injured person must show that the dog owner failed to act as a reasonable person would have, and that such failure caused the attack that resulted in an injury. For example, if the dog's owner put a fence around his property but failed to keep the gate closed, that may be considered unreasonable and, therefore, negligent.
What Are Your Rights If You've Been Bitten on the Dog Owner's Property?
That will depend upon the circumstances of your presence on the property. If you are legally there, either at the invitation of the property owner or because it's a place that's open to the public, you can still seek damages. If, however, you were illegally on the property, e.g., as a burglar or trespasser, you will generally have no recourse.
There is, however, a potential exception for minors who come onto private property because they're attracted to something like a pool, trampoline, or treehouse. These things are referred to under the law as an "attractive nuisance." If a minor goes onto private property without permission and is bitten by the property owner's dog, the owner could be liable.
Contact an Experienced Dog Bite Attorney at Bailey & Galyen
At the law offices of Bailey & Galyen, we have aggressively protected the rights of personal injury victims across the state of Texas for more than four decades, including people who have been injured as a result of an unprovoked dog bite or attack. We have a comprehensive understanding and knowledge of the laws and procedures governing personal injury lawsuits and will make certain that all pleadings and other documents are accurately and timely filed.
We will be your advocate throughout the legal process, from the filing of a personal injury lawsuit through the gathering of evidence to trial or settlement. Contact us by email or call 844-402-2992. You also can call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.