You are walking down the street with your dog on a leash, and another dog attacks it. What do you do now? When another dog attacks your dog, consider several factors when deciding what to do.
Steps to Take When Another Dog Attacks Your Dog
1. Assess Injuries
The first thing to do when a dog attack occurs is to assess any injuries that you may have, as well as any injuries the dog may have. Dog bites can range from minor scratches to severe lacerations that leave permanent disfigurement. Infections that develop afterward can be worse than some bites. So, assess the injuries and call an ambulance or go to the hospital if you have sustained a significant injury. Take your dog to a vet or emergency vet clinic as soon as possible, even if the injuries seem minor.
2. Identify the Dog Owner
Identifying the dog owner is critical in dog-on-dog attacks. Often, the owner of the canine victim focuses so much on caring for the dog’s injuries that they forget to ask for the other owner’s contact information. When it comes time to make a claim for your dog’s medical costs, you have no way to identify them. If you know who they are or where they live, great. You have what you need to find them.
Attacks in Parks and Public Places
When dog attacks occur in public places, do not leave the scene without getting the other dog owner’s contact information. A photo of their driver’s license is preferred. If they refuse, take a photo of the person and call animal control promptly. If they attempt to get in a car to leave, photograph the license plate. This information is critical not only to hold them accountable for their negligence in handling their dog, but also so animal control can determine whether they were properly vaccinated for rabies. If you don’t get this information, you may have to receive unpleasant rabies shots unnecessarily.
3. Get Medical Care
If you are injured in a dog attack, seek medical care promptly to treat your injuries. If your pet is injured, treat it with a vet or emergency veterinary center as soon as possible.
4. Call Animal Control
Always contact animal control after a dog attack. It is the law. Dogs can carry and spread rabies. The animal control officer will investigate to determine whether the dog is up to date on shots. If not, the dog will be quarantined for observation to ensure that you and your pet are not at risk. Reporting the dog bite is the best way to ensure an investigation and documentation in case the dog strikes again.
4. Consider Your Legal Options
A. If People are Injured
When a dog attacks a person, the attacked person has the right to bring a claim for personal injuries. This includes the right to seek damages not just for medical expenses, but also for the pain, suffering, scarring, mental anguish, and physical impairment caused by a negligent dog owner. Because personal injury claims for damages to a person allow for a broad range of intangible injury damages, many dog bite lawyers handle your injury case on a contingency fee — so you don’t have to pay upfront costs. Simmons and Fletcher, P.C., has been handling cases involving dog attacks on people since 1979. To learn your rights and legal options, call us for a free consultation at 800-298-0111.
B. If Only Animals are Injured and the Dog Has A Measurable Monetary Value
If your dog has a special, measurable monetary value, you may want to speak with a dog bite attorney about your options. Under Texas Dog Bite Law, the damages you may recover for the loss of a pet are limited to the reasonable cost of the pet unless the animal has special characteristics that give it a quantifiable value. If the dog has special training, such as a seeing-eye dog or a hunting dog, you can claim the costs of obtaining a dog with equal skills. Additionally, if a dog has certain verifiable characteristics that give it a measurable monetary value, you may be able to claim more than its fair market value as damages. If the dog is a show dog, for instance, with earning potential, then you can show it has a higher value than its replacement cost. Barring these special circumstances, the value is limited to fair market value when a dog bites another dog.
C. If Only Animals are Injured and the Dog is Just a Pet
If your dog is simply a loved pet and no people were injured in the attack, your recourse is limited, and you may want to file a claim on your own with a Justice of the Peace (J.P.) Court. Since 1891, the Texas Supreme Court has held that household pets are mere “chattel” or “property” and thus have no legally recognizable value beyond market value. On April 5th, 2013, the Texas Supreme Court had a chance to overturn this in Strickland v. Medlen but declined. That case involved a dog that animal control had rounded up. The owner wanted the animal released and went to get the money. In the meantime, the animal was accidentally placed on the “euthanize” list and was killed. The owner sued for the value of the dog as well as for the infliction of emotional distress and mental trauma.
According to the Texas Supreme Court, there is no recognizable cause of action for mental anguish for a piece of property. Because it considered the dog mere property, the Supreme Court declined to allow recovery for anything beyond the dog’s fair market value. If a dog attacks and kills another dog, this law would bar any recovery for mental anguish or emotional distress for the dog, leaving the recovery value at the fair market value of the dog.
D. Dangerous Dog Proceedings
If the dog is a particular menace to your community, or you have specific knowledge that the dog has been aggressive toward humans in the past, you may also want to initiate proceedings to have the dog declared a Dangerous Dog under your local dog ordinances. Most City websites will have information on how and where to do this. It generally requires you to go to the J.P. Court or another designated place, fill out and file an affidavit swearing to the facts that you believe support declaring the dog dangerous. This affidavit triggers an animal control investigation. If they determine that the dog is dangerous, they will require the owner to provide proof of liability insurance that covers dogs and then follow strict handling guidelines if he/she is allowed to keep the dog.
What to Do When Only a Pet Is Injured by a Dog
Dog bite lawyers are generally not needed for cases involving only a pet injury. Because Texas allows recovery only for actual medical costs when only a dog is injured, it makes no sense to pay a lawyer to handle the case. There is no personal injury award to charge a contingency fee on, so hiring a lawyer would likely mean paying out of pocket at an hourly rate. This would likely eat up the recovery very quickly.
File on the Owner’s Homeowner’s or Renter’s Insurance
If the other dog owner is cooperative, then ask them for their homeowner’s or renter’s insurance information. You may contact them directly and submit the bills for your dog’s veterinary care. Beware that some homeowners’ policies exclude coverage for dog attacks. If the dog owner is uncooperative or has no dog insurance, your next option is to file a claim in J.P. Court.
Filing in J.P. Court Without a Lawyer
You can file a claim in your local Justice of the Peace Court without a lawyer. J.P. Courts are available in every county. They are commonly known as small claims courts. You may bring a claim with a value of up to $20,000.00 in J.P. Court, and no lawyer is required. Visit your County’s website for information on the closest J.P. Court and the requirements and fees associated with the claim.
What You Must Prove
Before your court date, familiarize yourself with your area’s dog-related laws. To win your case, you must prove both liability and damages. Liability in a dog bite case can come from a strict liability claim or a negligence claim when dogs injure other dogs.
- Strict Liability. To prove that an owner is strictly liable for a dog attack, you must show that the dog has shown aggression toward another person in the past and that the owner knew it. One way to do this is to send a Freedom of Information request to the local animal control to obtain any prior bite reports on the dog. You can usually call your local animal control, and they will walk you through the process.
- Negligence. Proving negligence means establishing that the owner had a duty to act and failed to do so. One way to pursue this is to pull the local leash law ordinances and show that the owner failed to comply by allowing the dog to run at large. If there is no local leash law, you may have to prove that the dog owner was negligent in how he handled the dog and thus allowed it to get off-leash and attack.
When to Speak To A Dog Bite Lawyer
Simmons and Fletcher, P.C., generally does not handle cases involving only animal injury. If you were physically injured in the attack, call us to discuss your rights. If only your pet was injured and it was a rare/exotic breed, a show dog, or had some other means of valuation beyond the emotional value to the owner that Texas law refuses to recognize, it may still be worth speaking with a dog bite lawyer about your case. Call us to discuss your legal rights, remedies, and the types of insurance that may apply to a dog attack case. However, if the dog has little to no financial value, your best option may be to file a homeowner’s claim on your own or bring a claim in small claims court if the attack resulted from negligent handling or the dog has a history of prior attacks.
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