According to news reports, on July 28th, Dr, Nawar Taha, D.D.S. stepped out into her front yard with her dog, Ringo, to let the dog relieve itself. As they stood there in her own yard, an American Bull Dog owned by a neighbor from three houses down rushed into the yard and attacked Ringo. Dr. Taha bravely jumped in to protect her dog and found herself under attack as well. The other dog’s owner had been walking the dog but it is unclear how or why the dog was not under her control at the time of the attack. The dog is currently under quarantine at Fort Bend County Animal Control Shelter but the owner hopes to get the dog released shortly. She claims it is the first attack by the dog on a human.
Dog Attacks and the Texas Law Gap
Texas is one of 16 states that uses the One Bite Rule for determining dog bite liability. Under the one-bite rule, a negligent dog owner gets a free pass the first time a dog acts aggressively toward a human being. The law basically holds that the owner is not liable under the one-bite rule until the dog has acted aggressively so as to put the owner on notice of the dog’s vicious tendencies. Additionally, a dog-on-dog attack is not sufficient to put an owner on notice that the dog is dangerous.
In a situation like the attack on Dr. Taha and Ringo, the one-bite rule is no help to innocent victims unless the dog has attacked before. The negligence of the dog owner in letting the dog get away is not even relevant to a liability determination under the one-bite rule.
Katy Leash Laws Are Little Help
In the city of Katy, it is unlawful to allow your dog to run at large on public or private property unless it is the dog owner’s fenced property or a designated dog park. This seems pretty straightforward. The dog owner failed to comply and thus, she should be responsible for the dog’s actions, right? Wrong.
Sadly, Texas Appellate Courts have declined to apply leash laws as a basis for holding negligent dog owners liable. They reasoned that the leash law was aimed at preventing the spread of rabies and preventing dogs from wandering and creating unsanitary conditions. Thus, it is not foreseeable that just because a dog is off the leash, he will bite. Searcy v. Brown 607 S.W.2d 937, (Tex.App.—Houston[1st Dist.] 1980); Gill v. Rosas 821 S.W.2d 689 (Tex.App.—El Paso, 1991); Williams v. Sable, 2011 WL 238388 (Tex.App.—Hous. [14 Dist.] (Not Reported).
Other States Impose Strict Liability
In order to fix the gap in the protection of innocent victims, 36 states have changed the law to impose strict liability on dog owners when their dog attacks someone. There are exceptions if the dog is defending a home against a trespasser and such, but for ordinary situations of owner negligence, the victim and their dog bite attorney are relieved of the burden of proving prior notice of a vicious nature on the part of the owner. Instead, the law imposes a duty on dog owners to maintain control of their dogs as a condition upon them gaining the privilege of owning a dog.
Alternative Theories of Dog Bite Liability
If you find yourself in a situation where attacked by someone else’s dog and there is no direct evidence of a prior bite, hiring a Katy dog bite lawyer who can think outside the box is important. There are certain instances in which negligence theories can be applied. For example, if there is evidence that the dog owner should be aware that their otherwise unaggressive dog might become aggressive, this may be a basis of liability. Some examples of this include allowing someone around a dog with medical issues or who has recently given birth, allowing someone around a guard dog without a familiar person there to introduce them, or failing to secure dogs around unfamiliar small children.
In the case above, there is another example of alternative theories of dog bite liability—trespass. The dog came onto the victim’s property and caused damage to both person and property (pets are viewed as property under Texas law.) This cause of action may or may not afford all the same remedies as a typical dog bite damage model as it has not been put to the appellate test in Texas.
Talk to a Katy Dog Attack Lawyer
If you have been injured in a dog attack in Katy, Texas, talk to a dog bite attorney about your legal options. Simmons and Fletcher, P.C., have been helping dog attack victims since 1979 and offer free confidential consultations to victims.
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