Personal injury cases that involve animals, such as a dog, are very personal, indeed. The fact of the matter is most people don’t know what to do when they are injured because the dog in question is most likely owned by someone they know. This bond adds stress, confusion, grief, and tension to a painful situation.
It’s extremely important to know what your rights are both as a pet owner and a possible dog bite victim in Texas. If you know what to do before a dog bite ever happens, that knowledge can reduce the negative after-effects of the injury.
As A Dog Owner, What Am I Liable For?
Dog bites fall under premise liability law. Pet ownership comes with rights as well as responsibilities. As a dog owner, you are expected to properly:
- Address daily care and medical concerns (including vaccinations)
- Provide humane shelter for the animal
- Confine the animal within your property
- Leash the animal when it is off the property
Under Texas law, you will be held liable for any injuries sustained by others from your dog.
For the purposes of comparison, you face the same liability risk if someone borrows your car and crashes it. You own the car, therefore, you are responsible for any injuries caused by it. The same principle applies to pets. The biggest difference is animal bites are considered an act of criminal negligence automatically.
What Is Considered A “Dog Bite” In Texas?
Texas is a “one-bite” state, meaning that a dog may bite once before the owner faces legal ramifications. The Texas Health & Safety Code classifies dog bites in two ways:
- Subchapter A: dogs that are dangerous to humans (third degree felony)
- Subchapter B: dogs that are dangerous to other animals
If the dog kills someone, that is a second degree felony act of criminal negligence.
The victim of the animal attack has the right to sue for:
- Cost of medical bills and hospitalization
- Lost wages or loss of livelihood
- Pain, suffering, and mental anguish
All that said, the circumstances surrounding every dog bite case will be different. The court will issue a warrant to take custody of the animal in question, and quarantine it until a determination is made in the outstanding case.
The quarantine seizure can last up to six months before the dog is either returned to its owner or euthanized. It must be humanely housed until that determination is made by the court. Vets, law enforcement officers, shelter and state workers cannot be sued in animal injury cases.
Should I Hire A Lawyer If I’m Bitten By Someone Else’s Dog?
There is a wide range of interpretation in dog bite cases in Texas. Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas will look at all of the angles including: any provocation of the animal, lack of preventative action by the owner, or involvement in unlawful activities that led to these injuries. Factors like these determine fault in dog bite personal injury cases. If you or a loved one have been injured by someone else’s dog, contact our personal injury lawyers today.