{"id":344,"date":"2021-01-27T01:32:30","date_gmt":"2021-01-27T01:32:30","guid":{"rendered":"https:\/\/jdsilvalaw.com\/?p=344"},"modified":"2023-12-22T15:33:51","modified_gmt":"2023-12-22T21:33:51","slug":"animal-bites-and-liability-how-to-protect-people-and-pets","status":"publish","type":"post","link":"https:\/\/jdsilvalaw.com\/blog\/personal-injury\/animal-bites-and-liability-how-to-protect-people-and-pets\/","title":{"rendered":"Animal Attacks and Liability: How to Protect People and Pets"},"content":{"rendered":"

While many Texan families have loving, well-mannered pets that provide joy and comfort to their home, some pets are not as even-tempered and will bite a stranger, friend, neighbor, or even a family member. According to the Centers for Disease Control and Prevention (CDC), there are on average 4.5 million reported dog bites<\/a> in the United States each year with almost one quarter of those animal bites requiring medical care. In many of these cases, the person bitten by the animal may have the legal right to recover damages from the animal\u2019s owner or another responsible party involved. With an experienced injury attorney by your side after your traumatic animal bite experience, we can determine who is liable for your damages.<\/p>\n

What to Do If an Animal Bites You<\/h2>\n

\"\"If an animal, no matter what type or where, has bitten you, the first step is to seek medical attention immediately. An animal bite can cause serious injuries as well as infections if not treated properly. The animal does not have to be diseased to spread bacteria or viruses to you. Make sure to describe the attack in great detail to the medical professionals treating you to ensure proper treatment of your injuries. If you are able to, after being bit, try to gather as much information from the owner of the animal and any witnesses as you can.<\/p>\n

Once you have been medically evaluated and treatment has begun, consult an experienced animal bite attorney. They will be able to guide you on whether you have a legal claim, what the process entails, and what damages you may be able to recover. Be prepared to provide detailed information about the circumstances surrounding how the animal bit you. Your attorney will ask for any contact information you may have for the animal\u2019s owner. If you do not have this information, a neighbor or witness in the area when the bite occurred might be useful in obtaining the name and phone number of the owner. Knowing all of the details will help your attorney determine the best course of action for filing a dog bite or animal bite injury claim.<\/p>\n

Animal Attacks in Texas<\/h2>\n

Texas does not have a civil statute that details a dog or pet owner\u2019s civil liability for damages caused by their animal\u2019s reckless behavior (including bites and other injuries). However, a 1974 Texas Supreme Court case held that the state follows the \u201cone bite rule\u201d for the purpose of personal injury cases resulting from dog bites. While a bit of an oversimplification, the \u201cone bite rule\u201d stems from the idea that a dog\u2019s first bite does not necessarily put liability for that bite on the owner of the dog. Subsequent bites by the same dog, however, deem the owner negligent in preventing their pet from engaging in the same dangerous behavior. The owner is deemed to have been aware of their dog\u2019s tendencies to bite as a result of seeing the first bite incident and from then on should have been actively preventing their dog from hurting others.<\/p>\n

For a typical Texas dog or animal bite claim, the injured party must show that the animal\u2019s owner had knowledge of the pet\u2019s previous aggressive behavior or a biting incident in the past and\/or the animal\u2019s owner negligently failed to use reasonable care to control the animal or prevent a person from being bitten. This not only applies to bites in Texas, but also to other types of injuries. For example, if a very large dog runs into a person\u2019s knee, knocking them down and breaking a bone, that injured person could bring a lawsuit against the dog\u2019s owner. The injured party would have to show that the dog\u2019s owner knew the dog acted aggressively or that the owner failed to use reasonable care to prevent the dog from harming others.<\/p>\n

Liability in Animal Attacks<\/h2>\n

To figure out who is liable for damages caused by an animal attack, the first thing to determine is who owns the animal in question. After the owner has been found, it must be determined if that person knew of their pet\u2019s previous dangerous behavior or potential for harm. Determining this can be difficult. Did the owner know when they purchased or adopted this animal that it had the potential to harm others? Having an attorney who is experienced with animal attacks is vital to this process.<\/p>\n

In certain animal bite cases, the pet\u2019s owner could face criminal charges as well as civil liability. Texas Health and Safety Code section 822.005<\/a> states that a dog’s owner may be charged with a felony if:<\/p>\n