Texas Dog Bite Lawyers
What happens when a trip to the dog park turns into a nightmare?
​
Having ownership of a dog in Texas is a big responsibility, as an owner is completely responsible for the actions of their dog. It is the responsibility of the owner to make sure that their dog does not harm/attack any other humans. Under Texas law people who have been bitten/attacked by dogs or other animals have legal options to seek fair compensation for damage claims and other bite-related expenses. These claims include medical care, emotional trauma, lost wages, etc.
​
Unlike most states, Texas law does not have a “dog bite statute.” In Texas, adhere to the common law “one bite rule.” This law establishes that a victim can recover compensation for the incident from the owner, harborer, or keeper of a dog if (a) the dog has been involved in a prior biting incident or has displayed means to do so, and (b) the defendant was aware of the dog’s temperament and failed to warn others or do anything to stop the incident. The propensity for a dog to injure/attack other humans is referred to as “vicious propensities.” Failure to meet either of these two conditions will result in the victim not being able to recover compensation under this doctrine. This means that Texas dogs get one free bite before their owner is liable for damages.
​
Texas' lack of having a dog statute in place puts it at odds with a majority of states as this rule shields a dog owner from liability each time one of their dogs bites a person for the first time unless one can prove that the owner knew that the dog had the propensity to bite without justification. This complicates things for the victim when they seek compensation for the damages.
​
The attorneys at Collum Law Firm know and are comfortable with these laws. Although not always publicized, these accidents happen and when they do, the victims have the right to claim compensation for damages and all the losses that are due to the incident. Many attorneys are familiar with automobile accidents, product defect cases, and other widely publicized types of personal injury cases, but when canine attacks occur, you need an experienced attorney to aid you in fighting your case. Collum Law Firm’s personal injury attorneys have helped numerous people find justice and compensation in these types of cases and are ready to help you.
​
One type of cause of action that can arise in Texas dog bite cases is referred to as “negligent handling.” To recover for negligent handling of an animal, a plaintiff must show: (1) the defendant was the owner or possessor of the animal; (2) the defendant owed a duty to exercise reasonable care to prevent the animal from injuring others; (3) the defendant breached that duty; and (4) the defendant's breach proximately caused the plaintiff's injury.
​
Our Texas dog bite attorneys will investigate the case in detail to determine exactly what happened and which party is responsible for the accident. In some cases, the victim is partially at fault, but ultimately it is the owner's responsibility for controlling their dog and being liable for any damages their dog may cause including biting. This is especially true if the owner is aware that their dog is vicious or has a history of other biting accidents. If so the owner would have to keep their dog under strict control and supervision at all times or they would be negligent, i.e., legally responsible for any damages caused without the necessity of finding the owner at fault.
​
​If you have dog bite injuries, work with attorneys that care – call Collum.