Holding the Owner Responsible for a Dog Bite Injury

A dog bite can be a traumatic event that causes serious physical injuries and long-lasting psychological trauma. Treatment for a dog bite injury can be expensive. It may include antibiotics to treat an infection, plastic surgery to repair tissue damage and reduce the likelihood of scarring, and psychological treatment to overcome the trauma and avoid a lifelong fear of dogs.

Unfortunately, dog bite injuries are not uncommon. According to the U.S. Centers for Disease Control (CDC), more than 4 million people are bitten by dogs every year, and over 800,000 of those require medical attention. At least half are children.

If you or someone you love suffered a dog bite injury in Texas, you might be entitled to compensation. Our Texas dog bite lawyers can analyze your situation, help you explore your options, and fight for the compensation you deserve.

Proving Owner Responsibility for a Dog Bite

Texas does not have a statute that identifies dog bite responsibility. After a dog bite injury in Texas, an injured victim can pursue different legal theories to prove owner responsibility for a dog bite.

Negligence

After a dog bite injury in Texas, an injured victim can prove owner responsibility for a dog bite by showing the dog owner was negligent. Negligence is the failure to use the care a reasonable and prudent person would exercise under similar circumstances. If a dog owner fails to use due care in handling their dog and the dog causes a dog bite injury, the injured victim may be able to obtain compensation for their injuries.

To prove negligence, the injured person must show:

• The defendant owned or possessed a dog.
• The dog owner had a duty to exercise reasonable care to prevent the dog from biting or otherwise harming other people.
• The defendant failed to meet that duty.
• The victim was injured as a result.

Although it is not a requirement, we generally investigate whether the dog owner has an insurance policy that could pay for the cost of your damages. Many dog bite injuries are covered by the dog owner’s homeowner’s or renter’s insurance policy.

Strict Liability

If a dog is known to be vicious or dangerous and the victim’s injuries resulted from the dog’s dangerous nature, the injured victim can hold the dog owner strictly liable. In this case, the injured victim does not need to prove the dog owner failed to use reasonable care to restrain the dog. Instead, the injured person can prove liability by demonstrating the dog was known to be dangerous.

To prove a dog is vicious under Texas law, a victim of a dog bite injury must prove the dog:

• Bit or scratched someone on three separate occasions
• Scratched or bit a person to the extent that an attending physician presented an affidavit to the health authority stating that the person’s life may have been endangered by the dog
• Killed another dog, cat, domestic pet, or livestock on at least one occasion or injured another animal so severely that the veterinarian presented an affidavit to the health authority stating that the animal's life was seriously endangered.

Negligence Per Se

A dog owner may be presumed to have acted negligently if they violated a law and caused an injury the law was intended to prevent. Negligence per se may be available in cases of dog bite injuries where the dog owner violated animal control laws, such as those requiring that a dog be on a leash.

Types of Dog Bite Injuries

Dog bite injuries can lead to serious complications ranging from minor injuries to severe medical conditions. Common dog bite injuries include:

• Infections. A dog bite can introduce tetanus and other bacteria into the victim’s body.
• Nerve Damage. If the dog bite was deep, the victim may suffer from nerve damage that can cause pain, tingling, numbness, or loss of sensation in the affected area.
• Scarring or Disfigurement. Dog bite injuries can leave long-lasting scars that may require plastic surgery and may never fully heal. Dog bite injuries to the face can be particularly concerning and may cause permanent scarring or disfigurement.
• Psychological Trauma. A dog bite can have a long-lasting effect on the victim’s psychological health. Victims of dog bite injuries may suffer from anxiety, post-traumatic stress, or other fears related to dogs.
• Rabies. Although rabies is rare, a dog bite can pose a risk for rabies if the dog is infected.

If you were bitten by a dog, we recommend seeking medical treatment as quickly as possible.

Seeking Compensation for Dog Bite Injuries

In most cases, dog bite responsibility lies with the person who owned or possessed the dog. Many dog bite injuries are covered by the dog owner’s homeowner’s or renter’s insurance policy. The person who owned or possessed the dog may be responsible for paying for the cost of the victim’s:

• Medical care and treatment
• Lost wages
• Lost future earnings
• Pain and suffering
• Mental anguish
• Disfigurement

McKinney Vos Seeks Justice After Dog Bite Injuries in Texas

A dog attack can cause serious physical injuries and long-lasting psychological trauma. If you or a loved one suffered a dog bite injury in Texas, McKinney Vos can help. You may be entitled to compensation for medical expenses, lost wages, disfigurement, and emotional pain and suffering. Our lawyers can analyze your situation and help you obtain the compensation you deserve after a dog bite injury.

To learn more, contact McKinney Vos today to schedule a free consultation to discuss your situation and how we can help.