Can You Face Criminal Penalties if Your Dog Attacks Another Person?
In Texas, it is possible to face criminal penalties if your dog gets loose and viciously attacks another person. In 2007, the Legislature of the State of Texas enacted Lillian’s Law to establish criminal liability for dog owners whose dogs inflict serious bodily injury or death due to the owner’s failure to properly contain their dog. Under §822.005 of the Health and Safety Code, a person commits a criminal offense if the person fails to secure the dog and it makes an unprovoked attack on another person somewhere other than the owner’s property that causes bodily injury, serious bodily injury, or death, and the owner knows the dog is a dangerous dog. If you fail to secure your dog, knowing that it is a dangerous dog, on your property, and it makes an unprovoked attack on another person, it is considered criminal negligence by the owner. Criminal negligence is a legal concept where an individual disregards a substantial and unjustifiable risk that could lead to death or serious injuries to other people. If you are found to be criminally negligent, it can lead to criminal charges and potential imprisonment.
What Criminal Charges Can You Face if Your Dog Attacks Another Person?
Per the Health and Safety Code, if a person is found to be criminally negligent in failing to secure their dog, their dog’s attack was unprovoked, occurred off the owner’s property, and resulted in serious bodily injury or death, the owner can be charged with a Class B misdemeanor, a felony of the third degree, or a felony of the second degree. The owner will be charged with a Class B misdemeanor if the attack causes bodily harm. In Texas, a Class B misdemeanor is punishable by a fine up to $2,000, confinement in jail for up to 180 days, or both the fine and confinement. If the attack causes serious bodily harm, the owner will be charged with a felony of the third degree. A felony of the third degree is punishable by imprisonment for a term of between two and ten years and may also result in a fine of up to $10,000. If the dog attack causes death, the dog’s owner will be charged with a felony of the second degree. A felony of the second degree is punishable by imprisonment for a term of between two and twenty years and may also result in a fine of up to $10,000.
Alternatively, the prosecutor may charge the owner with criminally negligent homicide under the Texas Penal Code, which is a state jail felony.
How Do I Know if My Dog is a Dangerous Dog?
Under the Texas Health and Safety Code Ann. Sec 822.042(g), a dog owner learns that they have a dangerous dog in one of three ways: (1) the owner knows of an attack by the dog; (2) the owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog; or (3) the owner is informed by animal control that the dog is a dangerous dog. Additionally, if you purchase a dog and train it to attack people you or the dog does not know, then you are aware that your dog may be abnormally dangerous and thus are liable for the dog’s actions when it bites another person. However, most dog owners are not aware that their dog is a dangerous dog until it bites another person.
Are There Civil Penalties for Dog Bites?
In addition to criminal penalties, dog owners may be civilly liable for their dog’s attack if the attacked party hires a dog bite lawyer and sues. The primary manner in which a negligent dog owner may be held civilly liable for their dog’s attack is through the Common Law, which is also known as the “One Free Bite Rule” or “One Bite Rule” for short. The One Bite Rule states that a dog owner is liable for a dog bite only if they were aware of their dog’s aggressive tendencies before the bite occurred and knew they were a dangerous dog. Since many dog owners are not aware of their dog’s aggressive tendencies until it bites another person, this means that the owner will only be held civilly liable if the dog bites for a second time, thus the dog gets “one free bite.” For dog bite cases in Texas, the burden of proof lies with the person bringing the dog bite claim to demonstrate that the owner was aware of the prior aggression. If a dog bite victim can prove that the dog that attacked them had previously bitten another person, they have grounds to hold the negligent dog owner civilly liable.
Additionally, in a civil case if the victim is able to prove that the dog owner was negligent in handling the dog, they may be able to claim certain recoverable damages. Some of the damages victims may be able to recover include medical expenses, lost wages, and pain and suffering. Additionally, in some cases, the victim may be awarded punitive damages as a way to punish the dog owner’s gross negligence or severe misconduct.
Contact a Houston Dog Bite Attorney
If you or a loved one has been attacked by a dog as a result of the owner’s negligence in handling a dog with known aggressive behaviors, you may be entitled to recover compensation for your injuries. At Simmons and Fletcher, P.C., we understand how devastating these accidents can be and are committed to providing support in your time of need. Our job is to let you rest and recover while we fight to protect your rights. Our Houston dog bite lawyers will help gather the evidence you need to prove the dog owner’s negligence, file your claim in a timely manner, and seek compensation for your losses. Our team is highly experienced with and knowledgeable about dog bite law and has helped hundreds of dog bite victims seek the justice they deserve. To schedule a free consultation with an experienced dog bite lawyer, contact our team at (713) 932-0777.
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