Dallas Personal Injury Law: Dog Bites and Attacks

For victims of dog bites and attacks in Dallas, there are certain laws in place to hold the dog owner liable under specific circumstances. Texas’ “One-Bite Rule” protects victims who can prove there was a prior history of aggressive behavior from the animal. In other scenarios, victims may be able to pursue claims of negligence. Below, we will break down these laws and discuss options for moving forward.

Negligence Claims

Negligence means the failure to act with the same amount of care that the average person would in the given circumstances. For a dog bite victim to pursue a negligence claim, they must be able to prove the following information:

• The dog was in the owner’s possession or care
• The owner had a duty to provide reasonable care and failed to fulfill that duty
• The owner’s lack of ordinary care led to the dog bite/attack
• The victim suffered injuries as a result

For negligence claims, the dog does not need to have a prior bite. The victim does not need to prove that the owner was aware of previous attacks or aggressive behavior. The owner would be liable for actions such as letting them off the leash, not monitoring the animal at the dog park, or leaving the door open.

The One-Bite Rule: What to Know

In Texas, the “One-Bite Rule” means that dog owners can be liable for damages if their dog has a history of biting someone or has previously shown signs of aggression. In this case, the victim must prove that the owner has prior knowledge of the dog’s aggressive history. If this can be proven, the owner will be held liable for the dog’s behavior. 

If the owner is unaware of the dog’s aggressive behavior, or if the dog has no history of aggression, then the owner may not be held liable under this rule. Depending on the circumstances, the victim may be able to pursue a negligence claim if they are not protected under the One-Bite Rule.

Dangerous Dogs

The state of Texas classifies certain dogs as “dangerous”. A dog is defined as dangerous if it initiates an unprovoked attack outside of its enclosure, or presents any unprovoked aggressive behavior that causes a person to believe that the dog will attack them. 

Owners of dangerous dogs must abide by both state and local laws, including taking the following actions:

• Registering the dog with local animal control authorities
• Restraining the dog either by enclosure or by the owner specifically (ie, a leash)
• Showing financial responsibility of at least $100,000 or having liability insurance
• Complying with both state and local law regarding dangerous dogs

If the dog owner is held liable for the injuries, they may be responsible for compensating the victim. This may include medical expenses, pain and suffering, time off work, and other elements related to the injury. Dog bite injuries can be severe and even life-altering, often leading to other physical or psychological complications. Some common types of injuries include: 

• Lacerations and puncture wounds
• Infections (which can lead to rabies, tetanus, or sepsis)
• Scarring and disfigurement (possibly requiring cosmetic surgery)
• Emotional trauma and psychological effects

What to Do if You’re a Victim of a Dog Bite or Attack

Victims of a dog bite or attack should seek immediate medical attention. Once the victim is medically stable, taking the following steps as soon as possible is important to ensure they receive proper legal protection and compensation.

1. Report the incident: Victims should immediately report the attack or aggressive behavior to local animal control or law enforcement
2. Document everything: Photos, medical reports, witness statements, and any communication with the dog’s owner
3. Find a Lawyer: Even if the attack wasn’t severe, victims should contact a personal injury lawyer to ensure proper legal protection and insight from a professional

Are Personal Injury Lawyers Necessary?

Personal injury lawyers help make sure victims are properly protected and treated fairly during a traumatic incident. These lawyers can provide valuable resources, including:

1. Evaluating the case: Personal injury lawyers will look over the details of the incident and determine the best strategy for moving forward
2. Negotiating with insurance: Lawyers can negotiate with insurance companies on the victim’s behalf to minimize payout
3. Proving liability: They will establish the owner’s liability regarding the attack
4. Representing you in court: If both parties cannot reach a fair settlement, a personal injury lawyer can represent the victim in court

How to Find the Right Personal Injury Lawyer in Dallas

Finding the right lawyer can feel daunting and overwhelming, especially after experiencing a traumatic incident. It’s important to find a lawyer with extensive experience and specialization in handling bite cases. Additionally, reading client reviews will help victims evaluate the lawyer’s previous success and track record.

Some personal injury lawyers offer free consultations to give the victim a better sense of who they are, how they work, and what they believe are the best actions for moving forward. This can assist the victim in making an informed and educated decision before committing.

Trespassing or Provocation: Owner Defenses

Under certain circumstances, owners may not be held liable for their dog’s actions in cases of trespassing or provocation. Trespassing involves the victim entering the owner’s property without permission. Provocation may involve the victim teasing or tormenting the animal, such as pulling its tail or hitting the dog. 

If the owner can prove that the victim was even partially responsible for the attack either through trespassing or provocation, they may not be eligible to receive financial compensation for the attack.

Statute of Limitations

It is important to note that, in Texas, the statute of limitations for dog bite victims to file a claim is two years. So, it’s important to start taking steps toward legal protection as soon as possible to ensure a successful settlement between both parties.