Houston Dog Bite Lawyer

The One Bite Rule

This law is still in effect. In order to win a case the victim must prove there were prior attacks or aggressive behavior that put the negligent dog owner on notice that the dog was dangerous. The burden of proof is on the person bringing the dog bite claim to show the owner was aware of the prior aggression. Contacting the local animal control department is one resource we use to research prior attacks and bites by a pet. Often people who live in the neighborhood will have knowledge of other times the dog has escaped and attacked people or displayed aggression.

Witness interviews can be critical early on before the events fade or persons with knowledge move away. It is important that you have a Houston dog bite attorney with the resources and knowledge to do the proper investigation.

Dangerous Dog Law

The Texas Health and Safety Code sets forth the minimum laws that must be followed in Title 10 Chapter 822. These regulations pertain only to “dangerous dogs.” A “dangerous dog” is defined as a dog that has made an unprovoked attack on a person that causes bodily injury in a place other than a qualified enclosure, or; the dog commits unprovoked acts other than from inside a qualified enclosure and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. Texas Health and Safety Code 822.041(2). Once an owner learns the dog is dangerous, (which can be because the owner learned of an act of aggression or because the city may determine the dog dangerous by judicial finding) he is required to register the dog with animal control and restrain the dog at all times. Failure to do so can result in both civil and criminal responsibility. Texas Health and Safety Code 822.044.

The law contains a glaring flaw. If the owner has no knowledge of a prior attack or qualifying acts of aggressiveness that make someone perceive an attack as likely, the law simply does not apply. Thus, a person can keep any type of dog he likes on his property and he can claim a lack of knowledge that the dog was aggressive or had attacked anyone. Since the law only applies to “dangerous dogs,” there is no proactive restraint requirement imposed upon dogs that have not yet attacked anyone.

The Texas Health and Safety Code allows municipalities and counties to enact their own more stringent dog laws, however, it prohibits the enactment of laws that are breed-specific laws.

Common Causes of Dog Bites in Houston

Dog bite incidents and other animal attacks happen for a variety of reasons—if the cause of your accident resulted directly from owner negligence, you may have grounds for a personal injury claim. Some of the most common causes of dog bites include:

• Lack of socialization: If the dog has not been properly socialized to behave around other dogs and humans, resulting in aggressive or dangerous behavior.
• Improper restraint: The dog is not properly contained on the owner’s property with the use of a fence, chain, leash, or other restraint device.
• Owner negligence: The owner failed to reasonably secure or control their dog.
• Owner training: The owner trained or instructed the dog to attack others.

What to Do After a Dog Bite

After a dog bite injury, your first priority should be seeking immediate medical attention for your injuries. A medical provider will also help you collect evidence of the dog bite injury and its severity. Before leaving the hospital or other treatment area, ask for a copy of the medical report and any other documents related to your injury.

If you are well enough to gather evidence at the scene of the animal attack, take pictures of the bite and the surrounding skin areas. Capture images from different angles, including close-ups and videos. If any items of clothing or other materials have been damaged by the bite, photograph these as well. If there are witnesses to the accident, ask them for their contact information and any statement that they can provide.

Once a police or animal control report is filed, ask for a copy—this document will help to prove the dog owner’s potential negligence or carelessness. As you wait to file for your claim, keep taking daily photos of your healing injury and save any correspondence related to your dog bite accident, including emails or letters pertinent to your case.

Common Injuries From Dog Attacks

Dog attacks can result in severe and permanent injuries, particularly when the dog involved is powerful and/or has been trained to fight or attack people. Dog attacks are often both physically and emotionally scarring to the victims. Some of the injuries commonly suffered as a result of a dog bite include:

• Minor Cuts. Minor lacerations, cuts, and scrapes from the dog’s teeth or from the victim trying to escape the dog are the most common and the least intrusive injuries that come from dog bites. They tend to be shallower than the deep puncture wounds canine teeth may cause when they clamp down or lock their jaw in some cases.
• Scarring and Disfigurement. Scars caused by dog bite wounds are extremely common in dog attack cases. Sadly canine teeth often slide deep and transfer potential infectious germs. As a result, doctors who treat dog bite wounds will typically not sew them shut to allow germs to escape so the wound does not become infected. This can cause the bite injury wounds to form excessive scar tissue and even keloid scars during the healing process.  Learn more about types of scars.
• Bone Fractures. Some dogs have very powerful bites with a bite force severe enough to snap arm and leg bones, particularly when the attack victim is a child. Broken bones are not uncommon in dog bite cases.
• Eye Injury.  Eye injuries are very common in situations when the person is leaning down to meet and/or pet a dog for the first time and the animal attacks because it is scared or spooked by something.
• Severed Digits. Amputation of fingers or toes can occur when the dog is snapping and the victim tries to defend themselves.
• Degloving injury. Peeling back of the skin and the severance of fingertips can occur due to dogs clamping down as the victim is trying to pull away.
• Infection. Post-attack infection of the wound can occur if the wound is not properly cared for or if other bacteria get into the wound. This may be a minor infection or it may be as severe as a tetanus,  rabies, sepsis, or staph infection.
• Torn Tendons and Ligaments. Injuries to the soft tissues that connect muscles and joints. These dog bite injuries may be as minor as a sprain/strain type injury or as severe as a ruptured or torn meniscus.
• Nerve Damage. Unfortunately, a deep enough bite in the wrong place can cause severe and permanent damage to the nerves. We commonly see this sort of injury when there are bites to the hands, arms, legs, and feet.
• Psychological Trauma.  Post-traumatic stress disorder PTSD or other psychological trauma suffered by a dog bite victim is extremely common. It is a type of severe mental anguish that may manifest itself in nightmares, a fear of being around dogs,  severe anxiety, and panic attacks. Extreme self-consciousness and feelings of embarrassment can often accompany severe scars, particularly on the face.

Less common injuries from dog attacks include:

• Death.  Although wrongful death claims arising from animal attacks are rare, about 33 people are killed in dog attacks each year. If the owner was negligent and that led to the tragic loss of life, both civil and criminal penalties may apply. The family and the estate of the victim can seek compensation for the physical and emotional harm done, including emotional distress, pain and suffering, lost wages, medical care incurred, and other damages.
• Brain Injury. Again rare, but we have seen cases where people were knocked to the ground by dogs resulting in a concussion or TBI from the impact of their head hitting the ground.

Dog Attacks By Specific Breeds

Any breed of dog can cause an injury. Even the smallest chihuahua can nip at someone’s face causing severe permanent scarring under the wrong circumstances. Our Houston animal attack attorneys handle all types of dog attacks. It is important to speak to an attorney about your rights as soon as possible. Get in touch with us to discuss  any of the following:

• Akita bites
• Alaskan Malamute bites
• Chihuahuas & small dog bites
• Chow Chow attacks
• Doberman Pinscher bites
• German Shepherd attacks
• Great Dane bites
• Pit Bull attacks
• Presa Canario attacks
• Rottweiler attacks
• Dangerous dogs and breeds

Who Can Be Liable for a Dog Bite?

In Texas, anyone who owns, possesses, or controls a dog that bites someone may be liable for damages if the dog has bitten before or if there are circumstances that make the person aware that their dog was likely to bite under the circumstances. The owner may be a person or a business entity. Additionally, there may be more than one liable party when multiple have a right of control over the animal. Thus, potentially liable parties may include:

• The dog’s actual owner
• A dog sitter
• A dog walker
• A business that owns the dog as a guard dog
• A groomer
• An apartment that allows a dangerous dog to stay
• A homeowner’s association that fails to take action against a known dangerous dog
• A pet boarder
• An employer of a dog groomer or border than knows of the dog’s propensities
• A property owner who feeds or harbors strays.

How Much Does a Houston Dog Bite Attorney Cost?

Our attorneys work on a contingency fee basis. You pay nothing upfront and we do not charge any attorney’s fee unless we win your case. Hire a Houston dog bite attorney to protect your interests today.

What is My Dog Bite Case Worth?

Determining what your dog bite case is worth requires a very detailed and fact-specific evaluation of your case. The fair settlement value of your dog bite case will depend upon some combination of the following factors:

• Is there insurance coverage for the bite?
• What is the jurisdiction and venue?
• Where did the attack take place?
• Who is the insurance carrier?
• Was the dog provoked?
• Has the animal attacked before?
• Who was bitten?
• What part of the body was injured?
• To what degree will there be scarring?
• What are the past and future medical and scar revision costs?
• What are the emotional injuries?

Finding the Law

One of the most difficult and confusing things about dog bite law for some lawyers and their clients is determining what laws apply and where to find them.

What Are Dangerous Dog Laws?

Dangerous dog laws are ordinances and codes that give the government more power to deal with potentially dangerous animals.  The State as well as several municipalities and counties, have adopted more stringent requirements for dogs with a bite history. They typically give animal control departments the power to register, remove, and put down dogs that have shown aggression.

Dangerous dog laws also impose greater restrictions on how you can keep a dangerous dog. Once a dog has been designated as such, the owner is required to keep the dog in a secure enclosure (as defined by the statutes) at all times and to post specific warnings as well as carry a minimum of $100,000 in canine liability insurance. The owner can be held strictly liable when their pet causes bodily injury whether or not he admits he knew the dog was dangerous.