Dog Bite Laws in Texas
In the state of Texas, the case Marshall v. Ranne established that to make a claim for a dog bite case you have to prove one of two things:
1. The dog owner knew the dog was aggressive in its behavior, had acted aggressively in the past or had bitten someone in the past
2. The owner negligently failed to exercise reasonable care to prevent the dog bite or control the dog, which resulted in the injury/bite
A bite is not the only injury covered by this ruling. If, for example, your new neighbor has a large dog jumps up on you, knocks you to the ground, and causes head or back injuries, you could pursue a potential claim against the dog owner using the same two stipulations aforementioned.
In this case, the owner knew the dog was aggressive and jumped, or the owner did not exercise reasonable care to prevent the dog from jumping.
You can bring a dog bite injury case forward based on negligence, knowledge of a dog’s dangerous nature, a violation of a local leash ordinance, or intentional harm.
Negligence
For you to recover compensation after a dog bite claim, you may have to prove that the dog’s owner or handler was negligent in controlling the dog. You must have evidence that the owner did not use ordinary care in keeping their dog from harming others.
If you were bitten by a dog that should have been on a leash, this could be evidence of the owner’s liability. A violation of a leash law can be used to hold the owner responsible and get you an appropriate settlement.
Strict Liability
Texas also adheres to the “one bite rule.” You may claim the dog owner is strictly liable for your injuries if the dog previously attacked someone or acted as if they wanted to. It is on you to show that the dog owner knew the animal could be aggressive. This can be very difficult to prove, which is why it is important to work with an experienced dog attack attorney.
Intentional Misconduct
Additionally, it is sad but true that owners can train their dogs to attack others. If someone willfully let or ordered their dog to attack you, call The Law Giant, Personal Injury & Accident Lawyers right away.