Dog bites can lead to serious injuries, emotional distress, and substantial medical expenses. When such an incident occurs, it is natural to wonder about liability, especially if the dog was on a leash at the time of the bite. In Texas, the question of whether a dog owner can be held liable if their dog bites someone while on a leash involves understanding the state’s laws and the circumstances surrounding the incident. This comprehensive discussion will explore the legal landscape of dog bite liability in Texas, focusing on situations where the dog was under the control of a leash.
Founding Partner Founding Partner
Robert L. Rush
Kurt W. Gransee
The Legal Framework for Dog Bite Cases in Texas
In Texas, dog bite cases are primarily governed by a combination of state statutes and common law principles. Unlike some states that have strict liability laws, Texas follows the “one bite rule” alongside negligence and statutory liability. The “one bite rule” implies that a dog owner may be held liable if they knew or should have known that their dog had aggressive tendencies or had bitten someone before. This rule, however, is not absolute, and liability can still be established under other legal theories even if the dog has no prior history of aggression.
Negligence and Dog Owner Responsibility
Negligence is a key concept in dog bite cases, particularly when the dog was on a leash. To establish negligence, it must be shown that the dog owner failed to exercise reasonable care in controlling their dog, and this failure led to the injury. Even if a dog is on a leash, the owner must ensure the leash is appropriate for controlling the dog and that they are handling the dog in a manner that prevents it from causing harm.
For instance, if a dog owner is walking a large, strong dog on a flimsy leash that breaks easily, resulting in a bite, the owner could be considered negligent. Similarly, if the owner is not paying attention or fails to restrain the dog when it shows signs of aggression, they may be liable for any resulting injuries.
I want to thank Mr. Rush for his determination in fighting a stubborn insurance after getting hit from the back. Mr. Rush did not give in and persisted and got the insurance to settle. He kept me informed every step of the way. Elsa was an angel and was always prepared to answer questions . Thank you so much for taking care of me!” - Laurie Armendariz Medina Robert Rush is a very competent lawyer who helped me to settle my claim with insurance company due to a bike accident. He diligently worked for the case and took care of everything including my medical bill. Right from the beginning I was very impressed with his dealings. I would strongly recommend him to anyone who needs an injury lawyer. Thanks Robert." - Sajjadur Rahman Working with Mr. Rush was a great experience. I would trust a family member to him. He provided me with high quality service and individual attention. I came to him from another law service and the difference was night and day. He always kept me informed and explained the situation thoroughly. He was very down to earth and easy to understand. I really appreciate how he handled my case. Thank you!" - Joey Saldana
Strict Liability in Certain Situations
While Texas generally adheres to the “one bite rule,” there are situations where strict liability may apply. This means that the dog owner could be held liable for a bite regardless of the dog’s previous behavior. Strict liability can arise if the dog was known to be dangerous or had a history of biting or attacking people.
Additionally, certain local ordinances may impose strict liability for dog bites. For example, some cities in Texas have ordinances that require dog owners to take specific precautions to prevent their dogs from biting, and failure to comply with these ordinances can lead to strict liability.
Provocation and Trespassing as Defenses
In dog bite cases, dog owners may raise defenses to avoid liability. Two common defenses are provocation and trespassing. If the victim provoked the dog, the owner may argue that the provocation led to the bite and that they should not be held liable. Provocation can include actions such as teasing, hitting, or otherwise antagonizing the dog.
Trespassing is another defense that dog owners might use. If the victim was unlawfully on the owner’s property when the bite occurred, the owner could argue that they should not be liable for the injuries. However, this defense is less likely to succeed if the dog was off the owner’s property or if the victim had a legal right to be on the property.
I want to thank Mr. Rush for his determination in fighting a stubborn insurance after getting hit from the back. Mr. Rush did not give in and persisted and got the insurance to settle. He kept me informed every step of the way. Elsa was an angel and was always prepared to answer questions . Thank you so much for taking care of me!” - Laurie Armendariz Medina Robert Rush is a very competent lawyer who helped me to settle my claim with insurance company due to a bike accident. He diligently worked for the case and took care of everything including my medical bill. Right from the beginning I was very impressed with his dealings. I would strongly recommend him to anyone who needs an injury lawyer. Thanks Robert." - Sajjadur Rahman Working with Mr. Rush was a great experience. I would trust a family member to him. He provided me with high quality service and individual attention. I came to him from another law service and the difference was night and day. He always kept me informed and explained the situation thoroughly. He was very down to earth and easy to understand. I really appreciate how he handled my case. Thank you!" - Joey Saldana
Leash Laws and Their Impact on Liability
Leash laws play a significant role in determining liability for dog bites. Texas does not have a statewide leash law, but many cities and counties have enacted their own regulations. These laws typically require dogs to be on a leash when in public places, and violations can result in fines and other penalties.
Compliance with leash laws can influence a liability determination. If a dog owner violates a leash law and the dog bites someone, this violation can be used as evidence of negligence. Conversely, if the dog was on a leash and the owner was in compliance with local laws, this fact might be used to argue against negligence. However, merely having the dog on a leash does not automatically absolve the owner of liability if other factors contributed to the bite.
Insurance and Financial Responsibility
Dog bites can lead to significant financial consequences for both the victim and the dog owner. Medical bills, lost wages, and other expenses can quickly add up, making it important to consider how these costs will be covered. Many homeowners’ and renters’ insurance policies include coverage for dog bites, which can provide compensation to the victim and protect the owner from out-of-pocket expenses.
It is important for dog owners to review their insurance policies to understand the extent of coverage and any exclusions that may apply. Some policies may exclude coverage for certain breeds of dogs or for dogs with a history of aggression. In such cases, dog owners may need to seek additional liability coverage to ensure they are adequately protected.
The Role of Legal Representation
Navigating a dog bite case can be complex, particularly when questions of liability, negligence, and insurance coverage arise. Legal representation is crucial for both victims and dog owners to ensure their rights are protected and to help achieve a fair outcome. An attorney can provide valuable guidance on the applicable laws, gather evidence, negotiate with insurance companies, and represent their client in court if necessary.
For dog bite victims, an attorney can help pursue compensation for medical expenses, pain and suffering, lost wages, and other damages. For dog owners, legal representation can help defend against liability claims and navigate the complexities of insurance coverage and potential defenses.
Steps to Take Following a Dog Bite Incident
In the aftermath of a dog bite, it is important to take certain steps to protect your health and legal rights. Seeking immediate medical attention is crucial, as dog bites can lead to infections and other serious complications. Documentation of the injury and medical treatment can also be important evidence in a liability claim.
It is also advisable to report the incident to local animal control or law enforcement authorities. This report can provide an official record of the incident and may be required for pursuing a claim. Gathering information about the dog, its owner, and any witnesses can also be helpful.
For dog owners, taking steps to prevent future incidents is important. This might include securing the dog more effectively, seeking training or behavior modification for the dog, and ensuring compliance with local laws and ordinances.
Understanding Your Legal Options
Understanding your legal options following a dog bite is essential for protecting your rights and seeking appropriate compensation. In Texas, dog bite victims may pursue a claim under the “one bite rule,” negligence, or strict liability, depending on the circumstances of the case. Consulting with an attorney can help you determine the best course of action based on the specific facts of your situation.
For dog owners, understanding the potential for liability and taking proactive measures to prevent bites can help mitigate risks. This includes ensuring that your dog is properly restrained, seeking training for aggressive behavior, and maintaining adequate insurance coverage.
If you or a loved one has been injured by a dog bite, or if you are a dog owner facing a liability claim, it is crucial to seek experienced legal representation. At Rush & Gransee, L.C., we have extensive experience handling dog bite cases and are dedicated to protecting our clients’ rights. Our knowledgeable attorneys can provide the guidance and representation you need to navigate the complexities of dog bite liability in Texas.
Contact Rush & Gransee, L.C. today to schedule a consultation and learn more about how we can help you. Whether you are seeking compensation for your injuries or defending against a claim, our team is here to provide the support and advocacy you need. Don’t wait to take action—reach out to us now and let us help you achieve the best possible outcome.