Unlike many other states, Texas doesn’t have strict statutory liability on animal bites. In fact, the State of Texas has no statute at all that governs liability and compensation for injuries in animal bite cases. That’s just one reason why Texans who are injured by animal bites need Springer & Lyle as their personal injury attorneys.
The general rule in Texas is that every dog gets one free bite. That makes Texas a negligence state in the context of animal bites as opposed to a strict liability state. Because of this “one free bite” rule, courts usually aren’t permitted to impose liability on an owner when an animal has no previous history of biting or attacking. In order to prove negligence, one may have to show that the owner knew that his animal acted aggressively or bit somebody in the past and that the owner failed to properly control the animal or stop the bite from occurring.
Notwithstanding the “one bite rule,” sometimes there are county and municipal ordinances that require a dog to be on a leash or not be running at large. Other ordinances may classify a particular breed of dog as dangerous. It’s well established that violations of ordinances like these can be a basis for liability without the prerequisite of that first free bite. This constitutes negligence per se. Under this theory of negligence, the injured party must only prove a violation of the ordinance and that such violation wasthe cause of injury.
At Springer & Lyle, we represent victims of animal attacks that occurred as a result of the negligence of animal owners or the violation of an ordinance or regulation. Animal owners have a legal duty to others that might come into contact with their pets, particularly children. Our knowledgeable and experienced attorneys are prepared to work with the complexities of cases involving animal bites and injuries. We have successfully handled many of these cases in the past. We focus on results for our clients in the form of fair and just compensation for their injuries. If you or somebody close to you has been injured by an animal attack, talk to a personal injury attorney at Springer & Lyle. We’re pleased to provide you a free consultation and case evaluation.
Leave a Reply
You must be logged in to post a comment.