We have all heard that dogs are man’s best friend, which is usually true. Dogs are loyal, loving companions and provide invaluable work as service dogs, police dogs, search and rescue, and more. However, while dogs are great, they can also be dangerous. Descended from wolves, dogs have the ability to inflict serious physical harm—especially when their victims are children. Dog attacks can result in painful injuries, scarring, disfigurement, and even death.
One Free Bite Rule
You may have heard that Texas allows dogs “one free bite” before holding their owners liable for injuries. That is not true. Indeed, Texas does not have a civil statute that explicitly holds the owner responsible for injuries from dog bites. However, Texas courts have decided that there are two situations where owners are liable—when they know their dog is a dangerous dog and negligence. Having a dangerous dog is about more than just whether or not the dog has actually bitten another person—knowledge that the dog is aggressive and has exhibit behaviors of aggression towards humans may put a dog owner on notice of the dangerous propensities of their dog. Suppose an owner knows or should have known their pet is potentially dangerous, but they continue to allow the dog to roam off-leash, unrestrained in areas where they know other people will be present. In that situation, the dog owner may be liable for any resulting injuries after a dog attack. The best way to demonstrate that the owner knew the dog was aggressive is to show a prior history of attacks or bites. Under the Texas Health and Safety Code § 822.005, one can also demonstrate aggressiveness by proving that the dog previously behaved in a threatening manner that made someone fear an attack. However, the law does not require a history of aggression to hold an owner liable. If owners are negligent, the victims may be able to recover. Failing to observe leash laws is one type of negligence. A skilled attorney who handles dog bites in Garland could evaluate a specific case to see if there was negligence or a prior history of aggression.
