Negligence and Strict Liability in Texas Dog Bite Claims
The One Bite Rule in Texas
In many instances, a dog is man’s best friend. But when you are attacked and bitten in an unprovoked attack by someone else’s canine, you can suffer both physical and psychological injuries. Unlike most states, Texas does not have a statute specifically setting forth the responsibilities of dog owners and the rights of people are injured by domestic dogs. Instead, Texas allows recovery under two different principles—an ordinary negligence claim, or a claim under what is known as the “one bite rule,” If you or someone you love has been bitten by someone else’s dog, you want an experienced attorney to protect your rights. Bailey & Galyen can help.
At Bailey & Galyen, we protected the rights of personal injury victims in Dallas, Fort Worth and Houston for four decades, including people who have been bit by a dog. We built our reputation and our practiced on a commitment to provide personalized service and attention unmatched in the legal profession. We recognize that every dog bite claim has its own unique set of facts and circumstances, and that every person who suffers a personal injury has unique needs. We’ll take the time to learn the details of your case, as well as what you need to move forward with your life, so that we can tailor our efforts to get the results you seek. We’ll immediately notify you of all developments in your case, as well as your options and likelihood of success, so that you can make intelligent choices about how you want to proceed.
We understand the anxiety and stress that come with not knowing your future. We work hard to be available and accessible when you need to talk with us. We are also committed to returning your calls and e-mails in a timely manner.
To set up a private consultation, contact us online or call our office at 844-402-4350. There’s no charge or obligation for your first meeting.
The “One Bite Rule” in Texas
In 1974, the Texas Supreme Court ruled, in Marshall v. Ranne, that Texas would follow Section 509 of the Restatement of Torts, also known as the “one bite rule.” Section 509 states that the owner/possessor of a domestic animal is liable for injuries caused to others by the animal, but only if he has reason to know that the animal has “dangerous propensities abnormal to its class.” That liability exists even if the owner/possessor used maximum care to prevent the animal from causing harm. Accordingly, a dog’s owner or possessor must have knowledge that the dog acted aggressively or bit someone in the past, or the injured person won’t have a legitimate claim under the one bite rule.
Negligence and Strict Liability in Texas Dog Bite Claims
A dog bite victim may also seek compensation from the owner or possessor of a dog under a legal theory of negligence. That requires that the injured person prove that the owner/possessor failed to act as a reasonable person, and to take reasonable steps to control the dog or prevent the bite. In certain situations, the court may apply the concept of strict liability, eliminating the need to demonstrate negligence.Strict liability is typically applied only when it can be shown that the dog was known to be “vicious, dangerous or mischievous.” For example, if a dog has bitten someone in the past, that dog may be considered dangerous.
Contact Bailey & Galyen for Proven Counsel in a Dog Bite Claim
At Bailey & Galyen, we have aggressively fought for the rights of dog bite victims for 40 years. We offer a free initial consultation to anyone with a potential dog bite personal injury claim. Call us at 844-402-4530 or contact us online to schedule an appointment. Our phones are answered 24 hours a day, seven days a week and evening and weekend meetings can be scheduled upon request. Se habla Espanol.
We represent all dog bite victims on a contingent fee basis. You won’t be billed any attorney fees unless we get compensation for your losses.