Dog bite incidents can be traumatic and distressing, particularly when they involve children. In Texas, the law takes these cases seriously, with specific provisions and considerations to protect the rights and well-being of the injured parties, especially minors. The laws governing dog bite cases in Texas are designed to address the complexities that arise in these situations, ensuring that victims and their families receive the necessary legal support and compensation. This piece delves into how Texas law handles dog bite cases involving children, highlighting the legal processes, potential outcomes, and the critical role of experienced legal representation in navigating these challenging circumstances.
The “One Bite Rule” and Strict Liability in Texas
Texas follows the “one bite rule” in dog bite cases, which means that a dog owner may only be held liable for a bite if they knew or should have known that their dog had the propensity to bite. This rule, however, does not provide absolute protection to dog owners. In cases involving children, the law can be more stringent, given the heightened duty of care owed to minors. The “one bite rule” essentially requires proof that the owner was aware of the dog’s dangerous behavior or had reason to believe that the dog might act aggressively. This awareness can be established through evidence of previous aggressive behavior or bites. However, even if a dog has never bitten before, the owner can still be held liable if they were negligent in controlling the animal or if local ordinances impose strict liability.
In Texas, strict liability may apply under certain circumstances, particularly if the dog bite results from the owner’s violation of a leash law or another similar ordinance. This means that the owner could be held liable regardless of the dog’s prior behavior. For instance, if a local law mandates that dogs must be kept on a leash in public areas and the owner fails to comply, resulting in a dog bite, the owner may be held strictly liable for the injuries caused. This aspect of Texas law is particularly significant in cases involving children, as minors are often seen as more vulnerable and in need of greater protection under the law. The severity of the injuries, the age of the child, and the circumstances of the incident all play crucial roles in determining liability and the extent of compensation that may be awarded.
Founding Partner Founding Partner
Robert L. Rush
Kurt W. Gransee
The Aftermath of an Attack
When a child is bitten by a dog, the consequences can be severe, both physically and emotionally. Children are more likely to suffer serious injuries due to their smaller size and the tendency of dogs to target the face and head during attacks. These injuries can lead to long-term physical scars and psychological trauma, including a lasting fear of dogs. The law recognizes these potential impacts and allows for compensation to cover medical expenses, pain and suffering, and any long-term care that may be necessary. In cases where a child suffers disfigurement or permanent disability, the compensation can be substantial, reflecting the lifelong implications of the injury. Moreover, the law also considers the emotional distress and impact on the child’s quality of life, allowing for claims related to these non-economic damages.
Legal Recourse
Parents or guardians of a child injured in a dog bite incident may file a personal injury claim on behalf of the child. In Texas, there is a statute of limitations for filing a dog bite injury claim, generally set at two years from the date of the incident. However, if the victim is a minor, the statute of limitations may be extended, providing additional time for the family to seek justice. This extension recognizes that the full extent of injuries and their long-term implications may not be immediately apparent. It also accounts for the fact that minors cannot legally initiate a lawsuit on their own and must rely on a parent or guardian to act on their behalf. It is crucial to act within this timeframe to preserve the right to seek compensation. Legal proceedings can be complex, involving the gathering of evidence, witness testimony, and medical evaluations, all of which take time.
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
Proving Liability
In proving liability in a dog bite case, particularly those involving children, several key factors are considered. The behavior of the dog and the circumstances leading up to the incident are closely examined. This includes whether the dog was provoked, whether it had a history of aggressive behavior, and whether the owner had taken appropriate measures to control the animal. Witness statements, veterinary records, and previous complaints or reports about the dog can all play a crucial role in establishing the owner’s knowledge of the potential danger. Additionally, the behavior and actions of the child at the time of the incident are also considered. Texas law does recognize that very young children may not fully understand how to safely interact with animals, which can influence the assessment of the case.
In some cases, the dog owner may argue that the child provoked the dog or that the attack was an accident. Texas law allows for defenses such as provocation, which can potentially reduce or eliminate the owner’s liability. However, this defense is not always straightforward, particularly when the victim is a young child. The courts often consider the age and behavior of the child, recognizing that young children may not have the capacity to understand the consequences of their actions. In cases where provocation is claimed, it is essential to have thorough legal representation to navigate these complex arguments and ensure that the child’s rights are fully protected.
The Role of Insurance
Another critical aspect of handling dog bite cases involving children is understanding the role of insurance. Many homeowners’ or renters’ insurance policies include coverage for dog bite incidents, which can provide a source of compensation for the injured child. However, insurance companies often seek to minimize payouts and may challenge the claim or offer a settlement that does not fully cover the damages. It is vital for the family to consult with a legal professional who can negotiate with the insurance company and ensure that the child’s interests are adequately represented. The lawyer’s role includes assessing the full extent of the injuries, the potential long-term impact, and securing a fair settlement or pursuing litigation if necessary.
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
In cases where the dog owner does not have insurance or the insurance coverage is insufficient, the family may need to explore other legal avenues to recover damages. This could include suing the dog owner personally or seeking compensation from other liable parties, such as landlords or property managers who may have been aware of the dangerous animal and failed to take appropriate action. Understanding the full scope of legal options is essential in ensuring that the child receives the necessary support for recovery and future needs.
Contact Rush & Gransee, L.C. Today
Navigating the legal landscape of dog bite cases involving children requires not only a thorough understanding of Texas laws but also a compassionate approach to dealing with the emotional and physical trauma suffered by the young victims. At Rush & Gransee, L.C., we are committed to providing comprehensive legal support to families facing these difficult situations. Our experienced attorneys understand the nuances of dog bite cases and are dedicated to ensuring that the rights of the injured child are fully protected. We offer compassionate and knowledgeable representation, working tirelessly to secure the compensation needed for medical care, recovery, and future well-being.
If your child has been injured in a dog bite incident, do not hesitate to contact us for a consultation. Let us help you navigate this challenging time and ensure that your child’s rights are upheld.